Burd v. Dr. Kohut, No. 6:2016cv00088 - Document 64 (D. Mont. 2017)

Court Description: ORDER ADOPTING 43 FINDINGS AND RECOMMENDATIONS in full; denying 10 Motion for Preliminary and Permanent Injunction. Defendants Mike Batista and Leroy Kirkegard are DISMISSED. Signed by Judge Dana L. Christensen on 8/7/2017. Mailed to Burd. (TAG)
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Burd v. Dr. Kohut Doc. 64 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION AUG 0 7 2017 Clerk, U S District Court District Of Montana Missoula CV 16-88-H-DLC-JTJ SHANE LOUIS BURD, Petitioner, ORDER vs. DOCTOR KOHUT, Respondent. United States Magistrate Judge John T. Johnston entered his findings and recommendations in this case on May 22, 201 7, recommending that Mike Batista and Leroy Kirkegard be dismissed from this action, and that Petitioner Shane Louis Burd's ("Burd") motion for a preliminary and permanent injunction be denied. Burd failed to timely object to the findings and recommendations, and so waived the right to de novo review of the record. 28 U.S.C. ยง 636(b)(l). The Court will therefore review the record for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Judge Johnston found, and this Court agrees, that Mike Batista and Leroy Kirkegard should be dismissed from this action. Further, this Court finds that Burd failed to demonstrate that he is likely to succeed on the merits of his claims -1- Dockets.Justia.com which would entitle him to a preliminary and permanent injunction. Accordingly, IT IS ORDERED that Judge Johnston's findings and recommendations (Doc. 43) are ADOPTED IN FULL. Defendants Mike Batista and Leroy Kirkegard are DISMISSED. Plaintiffs motion for a preliminary and permanent injunction is DENIED. DATED this of August, 2 7. Dana L. Christensen, Chief Judge United States District Court -2-
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