Knifong v. Girard et al

Filing 13

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Defendant Beaverhead County Sheriff's Department is DISMISSED. Signed by Judge Richard F. Cebull on 6/8/2011. Mailed to Knifong. (TAG, )

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BY - - - ,

DEPUTY C-~-K- ­

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

BUTTE DIVISION

JEFFREY KNIFONG,
Plaintiff,
vs.

BUTCH GIRARD AND
JAY HANSEN,
Defendants.

CV-II-018-BU-RFC

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ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS OF
U.S. MAGISTRATE JUDGE

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On May 4, 2011, United States Magistrate Judge Carolyn Ostby entered
Findings and Recommendation. Magistrate Judge Ostby recommends this Court
dismiss Defendant Beaverhead County Sheriffs Department.
Upon service of a magistrate judge's findings and recommendation, a party
has 14 days to file written objections. 28 U.S.C. § 636(b)(I). In this matter, no

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party filed objections to the May 4,2011 Findings and Recommendation. Failure
to object to a magistrate judge's findings and recommendation waives all
objections to the findings of fact. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir.
1999). However, failure to object does not relieve this Court of its burden to
review de novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886
F.2d 1514, 1518 (9th Cir. 1989).
Under Rule 17(b) of the Federal Rules of Civil Procedure, the capacity of a
sheriffs department to be sued is determined by Montana law. Although this
issue has been addressed in California, there does not appear to be a clear decision
under Montana law. Cf Streit v. County a/Los Angeles, 236 F.3d 552, 565 (9th
Cir. 2001)(a California sheriffs department may be sued in federal court). The
Court need not decide this issue here, however, because Knifong also named
Sheriff Hansen in his official capacity. Naming a county official in his official
capacity is effectively the same as bringing claims against the county itself.

Brandon v. Holt, 469 U.S. 464, 471-72 (1985). Knifong's claims against the
Beaverhead County Sheriffs Department are duplicative of the claims against the
Sheriff in his official capacity.
After an extensive review of the record and applicable law, this Court finds
Magistrate Judge Ostby's Findings and Recommendation are well grounded in law
and fact and adopts them in their entirety.
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Accordingly, IT IS HEREBY ORDERED that Defendant Beaverhead
County Sheriffs Department is DISMISSED. The Clerk of Court shall notify the
parties of the entry oft~~,~~.
DATED the

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ia; of June, 2011.

RICHARD F. CEBULL
UNITED STATES DISTRICT JUDGE

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