Wright v. Busby et al

Filing 35

ORDER ADOPTING 34 FINDINGS AND RECOMMENDATIONS in full; granting 18 Motion for Summary Judgment, denying 27 Motion for Summary Judgment. Any appeal would not be taken on good faith. Signed by Judge Brian Morris on 3/6/2019. Mailed to Wright. (TAG)

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

CV 16-98-GF-BMM

TIMOTHY WRIGHT,
Plaintiff,

ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

vs.
CROSSROADS CORRECTIONAL
CENTER, (FNU) BERKEBILE;
(FNU) FENDER; (FNU) BUSBY;
(FNU) STEWART; AND (FNU)
WEAVER,
Defendants.

United States Magistrate Judge John Johnston entered Findings and
Recommendations in this case on February 12, 2019. (Doc. 34.) Judge Johnston
determined that Plaintiff Timothy Wright failed to exhaust his administrative
remedies. Id. at 1, 8. Judge Johnston recommended that that Court grant
Defendants Crossroads Correctional Center, Berkebile, Fender, Busby, and
Weaver’s Motion for Summary Judgment. Id. at 9. Judge Johnston likewise
recommended that the Court deny Wright’s Motion for Summary Judgment. Id.
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Judge Johnston ultimately recommended that this matter and Defendant Stewart
both be dismissed without prejudice. Id.
Neither party filed objections. The Court reviews findings and
recommendations not objected to for clear error. McDonnell 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)
(citations omitted). The Court finds no error in Judge Johnston’s Findings and
Recommendations and adopts them in full.
Accordingly, IT IS ORDERED:
1. Judge Johnston’s Findings and Recommendations (Doc. 34) is
ADOPTED IN FULL.
2. Defendant Stewart is DISMISSED WITHOUT PREJUDICE.
3. Crossroads Correctional Center, Berkebile, Fender, Busby, and Weaver’s
Motion for Summary Judgment (Doc. 18) is GRANTED.
4. Wright’s Motion for Summary Judgment (Doc. 27) is DENIED.
5. The Clerk of Court shall close this case and enter judgment in favor of
Defendants pursuant to Federal Rule of Civil Procedure 58.
6. The Clerk of Court shall have the docket reflect that the Court certifies
pursuant to Federal Rule of Appellate Procedure 24(a)(3)(A) that any
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appeal of this decision would not be taken in good faith.
DATED this 6th day of March, 2019.

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