Gray v. Fletcher et al, No. 6:2017cv00083 - Document 43 (D. Mont. 2018)

Court Description: ORDER ADOPTING 7 FINDINGS AND RECOMMENDATIONS in full. Defendants Bostwick, Krogstad, Ivie, Zuber, Wilson, Beeson, Reich, Daniels, and Fletcher are DISMISSED. Signed by Judge Brian Morris on 11/20/2018. Mailed to Gray (TAG)

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Gray v. Fletcher et al Doc. 43 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION NEAL LEWIS GRAY, CV-17-83-H-BMM-JTJ Plaintiff, v. ORDER ADOPTING MAGISTRATE JUDGE’S FINDINGS AND RECOMMENDATIONS WARDEN MICHEAL FLETCHER, A.W. WILSON, A.W. BEESON, CAPTAIN ZUBER, MARISA BOSTWICK, ANNA KROGSTAD, DAVID HARRIS, C/O HARDING, AMIE DANIALS, and KARLA IVIE, Defendants. United States Magistrate Judge Johnston entered Findings and Recommendations on January 31, 2018. (Doc. 7). Plaintiff Neal Gray filed a Complaint alleging Defendants retaliated against him in violation of the First Amendment to the United States Constitution. (Doc. 2). Mr. Gray’s filings have been screened in accordance with 28 U.S.C. §§ 1915, 1915A. Judge Johnston determined that Mr. Gray’s First Amendment retaliation claims are sufficient to state a claim against Defendants Harris and Harding. Id. at 8. Judge Johnston further determined that Mr. Gray’s claims against Defendants Bostwick, Krogstad, Ivie, Zuber, Wilson, Beeson, Reich, Daniels, and Fletcher should be dismissed for failure to state a claim. Id. No party filed objections to Judge Johnston’s Findings and 1 Dockets.Justia.com Recommendations. The Court has reviewed the Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Johnston’s Findings and Recommendations and adopts them in full. ORDER Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings and Recommendations (Doc. 7) are ADOPTED IN FULL. IT IS ORDERED that Defendants Bostwick, Krogstad, Ivie, Zuber, Wilson, Beeson, Reich, Daniels, and Fletcher are DISMISSED. DATED this 20th day of November, 2018. 2

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