Latray v. Schuler
Filing
57
ORDER ADOPTING 55 FINDINGS AND RECOMMENDATIONS; granting 30 Motion for Summary Judgment. Any appeal of this decision would not be taken ingood faith. Signed by Judge Susan P. Watters on 9/13/2017. Mailed to Latray. (TAG)
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
SEP 13 2017
Clerk, U S District Court
District Of Montana
Billings
RONALD 0. LATRAY.,
CV 15-136-BLG-SPW
Plaintiff,
ORDER ADOPTING
MAGISTRATE'S FINDINGS
AND RECOMMENDATIONS
vs.
OFFICER NEGEL, and SHERIFF
MIKE LINDER,
Defendants.
Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendations filed on August 21, 2017. (Doc. 55). Judge
Cavan recommends that this Court grant the Defendants' motion for summary
judgment (Doc. 30).
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. When neither party objects, this
Court reviews Judge Cavan's Findings and Recommendations for clear error.
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
1
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. 55) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that the Defendants' motion for summary
judgment (Doc. 30) is GRANTED and this matter is DISMISSED.
IT IS FURTHER ORDERED that the Clerk of Court is directed to close this
matter and enter judgment in favor of the Defendants pursuant to Rule 58 of the
Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that the Clerk of Court is directed to reflect in
the docket that the Court certifies pursuant to Rule 24(a)(3)(A) of the Federal
Rules of Appellate Procedure that any appeal of this decision would not be taken in
good faith.
...µ.._.
DATED this /c:J day of September, 2017.
~/-J~
SUSANi.WATTERS
United States District Judge
2
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