Latray v. Schuler
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
SEP 13 2017
Clerk, U S District Court
District Of Montana
RONALD 0. LATRAY.,
OFFICER NEGEL, and SHERIFF
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
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
DATED this /c:J day of September, 2017.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?