Christ v. State of Montana et al, No. 9:2013cv00075 - Document 29 (D. Mont. 2013)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 27 Findings and Recommendations. Signed by Judge Donald W. Molloy on 10/30/2013. (APP, ) Copy mailed to Christ this date.

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Christ v. State of Montana et al Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION CV 13-75-M-DWM JASON CHRIST, Plaintiff, vs. ORDER STATE OF MONTANA, CITY OF MISSOULA POLICE DEPARTMENT, OFFICE OF THE PUBLIC DEFENDER, and DETECTIVE STACY LEAR, Defendants. This matter comes before the Court on Findings and Recommendation of United States Magistrate Judge Jeremiah C. Lynch. (Doc. 27.) Plaintiff Jason Christ filed the Complaint giving rise to this action, asserting claims under 42 U.S.C. § 1983. (See Doc. 1.) United States Magistrate Judge Jeremiah C. Lynch entered Findings and a Recommendation regarding the Complaint on October 3, 2013. (Doc. 27.) Pursuant to 28 U.S.C. § 636(b)(1), objections to the Findings and Recommendation entered by Judge Lynch were due by October 21,2013. No objections were filed. The Court reviews the findings and recommendation of a United States Magistrate Judge for clear error. McDonnell Douglas Corp. v. Commodore Bus. Dockets.Justia.com Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error is present only ifthe Court is left with a "definite and finn conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After a review of Judge Lynch's Findings and Recommendation, I find no clear error. Mr. Christ's failure to serve his Complaint on the State of Montana or the Office of the Public Defender render claims against those Defendants subject to dismissal under Federal Rule of Civil Procedure 4(m). IT IS ORDERED that Judge Lynch's Findings and Recommendations, (Doc. 27), are ADOPTED IN FULL. Mr. Christ's claims against the State of Montana and the Office of the Public Defender are hereby DISMISSED WITHOUT PREJUDICE pursuant to Rule 4(m). DATED this $ day of October, 2013.

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