Fletcher v. United States

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Signed by Judge Susan P. Watters on 10/14/2020. Mailed to Fletcher. (TAG)

Case 1:20-cv-00050-SPW Document 11 Filed 10/14/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

J.R. FLETCHER,
CV 20-50-BLG-SPW

Plaintiff,
vs.

ORDER ADOPTING

UNITED STATES,

MAGISTRATE'S FINDINGS
AND RECOMMENDATIONS
Defendants.

The United States Magistrate Judge filed Findings and Recommendations on
September 16,2020. (Doc. 10). The Magistrate recommended Plaintiff J.R.

Fletcher's motion, construed as a petition for writ ofhabeas corpus under 28
U.S.C. § 2241, should be DISMISSED for failure to state a claim.(Doc. 10 at 6).
Pursuant to 28 U.S.C. § 636(b)(1), parties are required to file written

objections within 14 days ofthe filing ofthe Magistrate's Findings and
Recommendation. No objections were filed. When neither party objects, this

Court reviews the Magistrate's Findings and Recommendation for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.., 656F.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 Recommendation,this
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