Theis v. Lake County et al, No. 9:2017cv00079 - Document 81 (D. Mont. 2018)
Court Description: ORDER ADOPTING 77 FINDINGS AND RECOMMENDATIONS in full; granting 53 , 49 Motions for Summary Judgment. Signed by Judge Dana L. Christensen on 11/6/2018. Mailed to Theis (TAG)
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Theis v. Lake County et al Doc. 81 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION CHARLES E. THEIS, CV 17-79-M-DLC-JCL Plaintiff, ORDER vs. CAPTAIN JOEL T. SHEARER and PROVIDENCE ST. JOSEPH MEDICAL CENTER, Defendants. United States Magistrate Judge Jeremiah C. Lynch entered his and Recommendations in this case on August 28, 2018, recommending Defendants' separate motions for summary judgment be granted and this action be dismissed. (Doc. 77 at 11.) Plaintiff did not object to the Findings and Recommendations and so has waived the right to de novo review thereof. 1 28 U.S.C. ยง 636(b)(l)(C). Absent objection, this Court reviews findings and recommendations for clear error. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left 1 Plaintiff instead filed a "Notice to Proceed to Trial" (Doc. 78) which states that he has not received mail in months but is ready to proceed to trial. As it is Plaintiffs obligation to keep the Court apprised of his current address (L. R. 5.2), and his "Notice" does not in any way change the facts upon which summary judgment is being granted, or even reference the issues, findings, or conclusions therein, the Court will not construe this "Notice" as an objection to Judge Lynch's Findings and Recommendations. -1- Dockets.Justia.com with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). Reviewing for clear error and finding none, IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc. 77) are ADOPTED IN FULL. Defendants' motions for summary judgment (Docs. 49; 53) are GRANTED and this action is DISMISSED. /' Je, DATED this _t>_ day ofNovember, 2018. Dana L. Christensen, Chief Judge United States District Court -2-
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