Kerr v. St. Vincent Healthcare

Filing 57

OPINION AND ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS HEREBY ORDERED that Judge Lynch's 41 FINDINGS AND RECOMMENDATIONS are ADOPTED IN FULL. St. Vincent's 33 Motion for Summary Judgment is GRANTED. Kerr's claims for ass ualt and battery are DISMISSED. As Judge Lynch noted, Kerr's claim for defamation remains for resolution. St. Vincent's Motion for Judgment on the Pleadings 16 is DENIED as Moot. St. Vincent's Motion for Preliminary Injunction 29 is DENIED. Signed by Judge Susan P. Watters on 1/4/2016. (Copy with NEF mailed to pro se party Kerr) (EMH, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

FILED
Cierk, U S District Court
0Jstnct Of Montana
B:llings

TERRY KERR,

CV 15-29-BLG-SPW-JCL
Plaintiff,
OPINION and ORDER

vs.
ST. VINCENT HEALTHCARE,
Defendant.

Before the Court are the Findings and Recommendations issued by United
States Magistrate Judge Jeremiah Lynch on October 21, 2015. In the Findings and
Recommendations, Judge Lynch recommends that this Court grant Defendant St.
Vincent Healthcare's ("St. Vincent") summary judgment motion and dismiss
Plaintiff Terry Kerr's claims for assault and battery. Judge Lynch also
recommends that this Court deny St. Vincent's Motion for Judgment on the
Pleadings and Motion for Preliminary Injunction.
After the Clerk of Court inadvertently failed to mail the Findings and
Recommendations to Kerr, the Court issued an Order on November 16 that
allowed Kerr until December 3, 2015 to file objections to the Findings and
Recommendations. (Doc. 42). On November 23, 2015, Kerr filed an "Interim
Status Report." (Doc. 43). While Kerr referred to the motions filed by St. Vincent

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as "a crock of bull," Kerr did not object to the Findings and Recommendations.
On December 14, Kerr filed a Motion to Alow (sic) Plaintiff to File Motion for
Reconsideration (Doc. 48) and a Motion for Reconsideration (Doc. 49). The Court
construes these documents as written objections to Judge Lynch's Findings and
Recommendations. Since they were received after December 3, the Court will not
consider them.
When neither party files valid written objections, this Court still reviews
Judge Lynch's conclusions for clear error. 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). After reviewing the Findings

and Recommendations, this Court does not find that Judge Lynch committed clear
error.
Accordingly, IT IS HEREBY ORDERED:
1. Judge Lynch's Findings and Recommendations (Doc. 41) are ADOPTED

IN FULL.
2. St. Vincent's Motion for Summary Judgment (Doc. 33) is GRANTED.
Kerr's claims for assault and battery are DISMISSED. As Judge Lynch noted,
Kerr's claim for defamation remains for resolution.
3. St. Vincent's Motion for Judgment on the Pleadings (Doc. 16) is DENIED
as moot.
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4. St. Vincent's Motion for Preliminary Injunction (Doc. 29) is DENIED.

*

DATED this£ day of January, 201~6.

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SUSANP. WATTERS
United States District Judge

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