Baity v. United States Postal Service et al, No. 9:2017cv00175 - Document 10 (D. Mont. 2018)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS in full. IT IS FURTHER ORDERED that Baity's Complaint (Doc. 2 ) is DISMISSED WITH PREJUDICE. Signed by Judge Dana L. Christensen on 5/22/2018. (Copy mailed to Baity.) (NOS)
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Baity v. United States Postal Service et al Doc. 10 FILED MAY 2 2 2018 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION Cieri<, U.S District Court District Of Montana Missoula KEITH M. BAITY, CV 17-175-M-DLC-JCL Plaintiff, ORDER vs. UNITED STATES POSTAL SERVICE, UNITED STATES JUSTICE DEPARTMENT, and UNITED STATES MARSHALS SERVICE, Defendants. United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendation on January 22, 2018, recommending to dismiss Plaintiff Keith Baity's ("Baity") Complaint (Doc. 2) against multiple Defendants. (Doc. 3.) Judge Lynch recommended that Baity's claims against the United States Postal Service be dismissed as barred by the doctrine ofresjudicata and Baity' s claims against the United States Department of Justice and the United States Marshals' Service be dismissed as barred by sovereign immunity and the Court's resulting lack of jurisdiction. (Doc. 3 at 10.) Baity timely objected to the Findings and Recommendations, and is entitled to de novo review of those findings to which he -1- Dockets.Justia.com specifically objects. 28 U.S.C. ยง 636(b)(l)(C). This Court reviews for clear error those findings and recommendations to which no party objects. See McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left 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). "A party makes a proper objection by identifying the parts of the magistrate's disposition that the party finds objectionable and presenting legal argument and supporting authority, such that the district court is able to identify the issues and the reasons supporting a contrary result." Montana Shooting Sports Ass 'n v. Holder, 2010 WL 4102940, at *2 (D. Mont. Oct. 18, 2010) (citation omitted). Here, Baity's objections are in the form of a twenty-one page letter addressing President Trump and Attorney General Sessions. (See Doc. 4.) Baity references the legal recommendations made in Judge Lynch's Findings and Recommendations only insomuch as Baity claims that "no one is immune" (Doc. 4 at 8), and that the Constitution provides him with the right to trial (see Doc. 4 at 34). As to Judge Lynch's recommendation regarding res judicata, Baity makes no specific legal or factual objection, thus the Court will review for clear error. -2- As to Judge Lynch's recommendation regarding sovereign immunity, Baity's objection fails to make any nonfrivolous legal argument. this claim for clear error as well. The Court will review L.R. 72.3(a); see also McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Finding none, IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc. 3) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Baity's Complaint (Doc. 2) is DISMISSED WITH PREJUDICE. DATED this l1"'aay of May, 2018 Dana L. Christensen, Chief Judge United States District Court -3-
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