Tsosie v. City of Billings et al

Filing 65

ORDER DISMISSING CASE. Findings and recommendations 64 adopted in full. Motions for summary judgment 43 , 51 granted. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 9/7/2021. Transmitted electronically to prison for delivery to Plaintiff. (TAG)

Case 1:19-cv-00064-BMM Document 65 Filed 09/08/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
VERNON CHARLES TSOSIE,
CV 19–00064–BLG–BMM-TJC
Plaintiff,
vs.

ORDER

CITY OF BILLINGS,
CORRECTIONAL HEALTH
PARTNERS, MATTHEW FRANK
#0401, ANDREW O’TOOLE, ADAM
TIPTON, and CHELSEA
THOMPSON,
Defendants.
United States Magistrate Judge Timothy Cavan entered his Findings and
Recommendations in this case on August 5, 2021. (Doc. 64). Judge Cavan
recommended that the Motions for Summary Judgment filed by Defendants City of
Billings and Correctional Health Partners be GRANTED; that the Clerk of Court
should be directed to close this matter and have the docket reflect that the Court
certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure
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Case 1:19-cv-00064-BMM Document 65 Filed 09/08/21 Page 2 of 3

that any appeal of this decision would not be taken in good faith; and that Tsosie
must immediately advise the Court and opposing counsel of any change of address
and its effective date, at all times during the pendency of this action.
Neither party filed objections to the Findings and Recommendations. The
parties have waived the right to de novo review thereof. 28 U.S.C. § 636(b)(1)(C).
Absent objection, this Court reviews 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) (citations omitted). The Court finds no error in Judge
Cavan’s Findings and Recommendations and adopts them in full.
ORDER
Accordingly, IT IS ORDERED:
1. The Court GRANTS Defendants’ motions for summary judgment. (Docs.
43 and 51.)
2. The Clerk of Court shall be directed to close this matter and enter
judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.

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Case 1:19-cv-00064-BMM Document 65 Filed 09/08/21 Page 3 of 3

3. The Clerk of Court is directed to have the docket reflect 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.
DATED this 7th day of September, 2021.

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