Bailey v. Kirkegard et al

Filing 59

ORDER ADOPTING 58 FINDINGS AND RECOMMENDATIONS; granting 43 Motion for Summary Judgment. Any appeal would not be taken in good faith Signed by Judge Brian Morris on 3/11/2019. Mailed to Bailey (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
D’WAYNE BAILEY,
CV-16-22-GF-BMM-JTJ
Plaintiff,
v.
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

DOC Director Mike Batista et. al.,

Defendants.

Plaintiff Bailey originally filed an Amended Complaint, Second Amended
Complaint, Third Amended Complaint, Fourth Amended Complaint, as well as
supplements to these complaints, in which he advanced various constitutional
claims. (Docs. 9, 13, 16, 17, 19, 20, and 21). The Court dismissed all of Bailey’s
claims except a portion of Bailey’s Equal Protection claim, in which he asserted
that his rights were violated by alleged discriminatory practices at the Montana
State Prison. Defendants moved for summary judgement alleging no issue of
1

material fact exists, that Defendants were entitled to qualified immunity, and
requested that Bailey’s complaint be dismissed with prejudice. (Doc. 44).
Magistrate Judge John Johnston entered Findings and Recommendations on
February 21, 2019, and determined that Defendants are entitled to qualified
immunity. (Doc. 58 at 19-24). Judge Johnston recommended that Defendants’
motion for summary judgement (Doc. 43) be granted. (Doc. 58).
No party filed objections to Judge Johnston’s Findings and
Recommendations. The Court has reviewed Judge Johnston’s Findings and
Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus.
Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in
Judge Johnston’s Findings and Recommendations and adopts them in full.
ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 58) are ADOPTED IN FULL.
IT IS ORDERED that Defendants’ Motion for Summary Judgement (Doc.
43) is GRANTED.
The Clerk of the Court is directed to close this matter and enter judgment
pursuant to Rule 58 of the Federal Rules of Civil Procedure.

2

The Clerk of the Court is further directed to have the docket reflect that the
Court certifies pursuant to Rule 24(a)(3(A) of the Federal Rules of Appellate
Procedure that any appeal of this decision should not be taken in good faith.
DATED this 11th day of March, 2019.

3