Matthew v. Yellowstone County et al

Filing 14

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Motion for Emergency Review, Order of Injunction, and Order of Protection 2 is DENIED as moot. Signed by Judge Susan P. Watters on 6/6/2016. Mailed to Matthew. (TAG, )

FILED

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

JUN - 7 2016
Clerk, U.S. District Court
District Of Montana
Billings

DAVID JAMES MATTHEW,
CV 16-02-BLG-SPW
Plaintiff,
ORDER

vs.
YELLOWSTONE COUNTY, et al,
Defendants.

Before the Court is the Order and Findings and Recommendations of United
States Magistrate Judge Carolyn Ostby. In the Order, Judge Ostby afforded
Plaintiff David Matthew an opportunity to file an amended complaint. Judge
Ostby also denied Matthew's request for counsel without prejudice. This Court
does not review those rulings. Judge Ostby does recommend that this Court deny
Matthew's Motion for Emergency Review, Order of Injunction, and Order of
Protection. Since Matthew is no longer incarcerated at the Yellowstone County
Detention Facility, Judge Ostby concluded that the motion is moot.
Pursuant to 28 U.S.C. § 636(b)(l), Matthew was required to file written
objections within 14 days of the filing of Judge Ostby's Findings and
Recommendations. No objections were filed. When a party does not object, this
Court reviews Judge Ostby's conclusions for clear error. Clear error exists ifthe

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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
Ostby committed clear error.
Accordingly, IT IS HEREBY ORDERED:
1. Judge Ostby's Findings and Recommendations (Doc. 10) are ADOPTED

IN FULL.
2. Matthew's Motion for Emergency Review, Order of Injunction, and Order
of Protection (Doc. 2) is DENIED as moot.

DATED this

~day of June, 2016.

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SUSANP. WATTERS
United States District Judge

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