Peterich v. Dr. McGree et al

Filing 42

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. ; granting 13 Motion to Dismiss for Failure to State a Claim; denying 22 Motion to Amend/Correct; adopting Findings and Recommendations re 31 Findings and Recommendations. Signed by Judge Brian Morris on 2/10/2016. (SLL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION

ROBERT PETERICH,

CV 15-65-BU-BMM-JCL

Plaintiff,
ORDER ADOPTING UNITED STATES
MAGISTRATE JUDGE’S FINDINGS AND
RECOMMENDATIONS

vs.
DR. MCGREE/ST. JAMES
HOSPITAL, SGT. LACI WILLIAMS,
CAPTAIN MARK JOHNSON, and
BUTTE SILVERBOW COUNTY
JAIL,
Defendants.

United States Magistrate Judge Jeremiah Lynch entered Findings and
Recommendations in this matter on January 25, 2016. (Doc. 31.) Neither party
filed objections. When a party makes no objections, the Court need not review de
novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140,
149–152 (1986). The Court will review Judge Johnston’s Findings and
Recommendations, however, for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Judge Lynch recommends that the Court grant Defendant Butte-Silver Bow
Detention Facility/Center/Jail’s Motion to Dismiss. (Doc. 13.) Judge Lynch also

recommends that the Court should deny without prejudice Plaintiff’s Motion to
Amend. (Doc. 22.) Plaintiff may, however, amend his Complaint within the
deadline set by the Court’s Scheduling Order to provide additional factual
allegations against the County, if he can, in an attempt to meet the policy or custom
elements set forth in the Findings and Recommendations. (Doc. 31.)
There exists no clear error in any of the Magistrate’s Findings and
Recommendations, therefore,
IT IS HEREBY ORDERED that Judge Lynch’s Findings and
Recommendations (Doc. 31) is ADOPTED IN FULL.
IT IS FURTHER ORDERED that
(1) Defendant Butte-Silver Bow Detention Facility/Center/Jail’s Motion to
Dismiss (Doc. 13) is GRANTED; and
(2) Plaintiff’s Motion to Amend (Doc. 22) is DENIED without prejudice.
DATED this 10th day of February, 2016.