Latray v. Schuler

Filing 19

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 17 in full. Defendants Motion to Dismiss 12 is DENIED. Signed by Judge Susan P. Watters on 2/21/2017. Mailed to Latray. (TAG)

FILED

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONT ANA
BILLINGS DIVISION

FEB 2 1 2017
Clerk, U.S. District Court
01Str1ct Of Montana
Billings

RONALD 0. LATRAY,
CV 15-136-BLG-SPW
Plaintiff,
vs.
OFFICER NEGEL, and SHERIFF
MIKE LINDER,

ORDER ADOPTING
FINDINGS AND
RECOMMENDATIONS

Defendants.
Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendations filed on January 17, 2017. (Doc. 17). Judge
Cavan recommends that this Court deny the Defendants' Motion to Dismiss (Doc.
12).
Pursuant to 28 U.S.C. § 636(b)(l), the parties were required to file written
objections within 14 days of the filing of Judge Cavan's Findings and
Recommendations. No objections were filed. 1 When neither party objects, this
Court reviews Judge Cavan's Findings and Recommendations for clear error.

1

Plaintiff Ronald Latray filed a document titled "Limited Objection to Respond to
Request." (Doc. 18). The document does not object to Judge Cavan's Findings
and Recommendations. Instead, it seeks to provide "additional information."
(Doc. 18 at 1). It is unnecessary for the Court to consider the "additional
information" provided because the Court agrees with Judge Cavan and Plaintiff
Latray that the Defendants' Motion to Dismiss should be denied.
1

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981). 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 Cavan committed clear error.
IT IS ORDERED that the proposed Findings and Recommendations entered
by United States Magistrate Judge Cavan (Doc. 17) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that the Defendants' Motion to Dismiss (Doc.
12) is DENIED.

.sT
DATED this o(1 day of February, 2017.

j~t:?-J~

'SUSANP. WATTERS
United States District Judge

2