Maier v. Frink et al

Filing 30

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 26 in full. Maier's Motion for Default Judgment 23 is DENIED. Signed by Judge Donald W. Molloy on 4/9/2015. Mailed to Maier. (TAG, )

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

APR 0 9 2015
Clerk, U.S District Court
District Of Montana
Missoula

CV 13-92-GF-DWM-JTJ

LLOYD SCOTT MAIER,
Plaintiff,

ORDER

vs.
MARTIN FRINK and MR. ROSS,
Defendants.

This matter comes before the Court on Plaintiff Lloyd Scott Maier's Motion
for Default Judgment. (Doc. 23.) Magistrate Judge John Johnston entered
Findings and Recommendations on March 10, 2015, recommending the Court
deny the motion. (Doc. 26.) Maier has not filed objections to Judge Johnston's
findings and recommendations.
The Court reviews the findings and recommendations that are not
specifically objected to for clear error. McDonnell Douglas Corp. v. Commodore
Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists ifthe

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 Johnston's determination that there is no basis for a
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judgment to be entered against Warden Frink at this early stage in the litigation.
Accordingly, IT IS ORDERED that the Findings and Recommendations
(Doc. 26) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Maier's Motion for Default Judgment
(Doc. 23) is DENIED.
DATED this 1::day of April, 2015.

onald .
lloy, District Judge
United S'tates District Court

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