Stewart v. Correctional Officer Waner et al

Filing 19

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 16 in full. Stewart's federal claims are DISMISSED for failure to state a claim. This matter is REMANDED to the Ninth Judicial District Court of the State of Montana, Toole County. Signed by Judge Donald W. Molloy on 7/8/2014. Mailed to Stewart. (TAG, )

FILED
JUL 0 8 2014
Clerk. u.s. DIstrict CXHJO

District Of M{;
,"

Missoul..

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

GREAT FALLS DIVISION

MICHAEL JOHN STEWART,

CV 13-81-GF-DWM-RKS

Plaintiff,
ORDER

vs.
WANER, FRINK, ROEHRIGE,
EMERSON, HODGES, KLOOS,
CHRISTIAENS, SHERRARD,
WANDLER, and CRANDLE,
Defendants.

This matter comes before the Court on Plaintiff Michael John Stewart's
Complaint. (Doc. 6.) United States Magistrate Judge Keith Strong entered
Findings and Recommendation on June 2, 2014, recommending Stewart's federal
claims be dismissed and the Court decline to exercise supplemental jurisdiction
over his remaining state law claims. (Doc. 16.)
Stewart is entitled to de novo review of the specified findings or
recommendations to which he objects. 28 U.S.C. § 636(b)(1). Stewart has not

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filed any objections. The Court reviews the findings and recommendations not
specifically objected to for clear error. j\1cDonnell 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).
The Court finds no clear error with Judge Strong's analysis or conclusions.
Stewart was given an opportunity to file an amended complaint to fix the
deficiencies in his existing one. He failed to do so and his federal claims are
properly dismissed for failure to state a claim. In the absence of any remaining
claims under federal law and due to the early stage of this litigation, it would be
inappropriate for the Court to retain jurisdiction over this matter. Therefore, this
case is remanded to the state court.
Accordingly, IT IS ORDERED:
(1) Judge Strong's Findings and Recommendations (Doc. 16) are
ADOPTED IN FULL.
(2)

Stewart's federal claims are DISMISSED for failure to state a claim.

(3) The Court declines to exercise supplemental jurisdiction over the
remaining state law claims under 28 U.S.C. § 1367(c)(3) and this
matter is REMANDED to the Ninth Judicial District Court of the
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State of Montana, Toole County.
i-

Dated this ~ day of July, 2014.

Donald W. olloy, District Judge
United State\ District Court

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