Riggs v. Kirkegard

Filing 3

ORDER ADOPTING 2 FINDINGS AND RECOMMENDATIONS. Signed by Judge Brian Morris on 4/13/2017. Mailed to Riggs and Doud; certified copy forwarded to Third Judicial District Court, Deer Lodge, Powell County, Montana. (TAG)

FILED

APR 13 2017

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
Cia",. u.s DlSlrlctCourt
Dislrict Of Montana
GREAT FALLS DIVISION
Great Falls

ROBERT D. RIGGS

CV-17-9-GF-BMM-JTJ

Plaintiff,

vs.
STATE OF MONTANA (DOC), A.W.
TOM WOOD, A.W. MYRON
BEESON, LT. LAKEL, DAVE
PINTLND, SARG. WEBER, and P.
MORTIN (MSP DHO), et aL,

ORDER ADOPTING MAGISTRATE
JUDGE'S FINDINGS AND
RECOMMENDATIONS

Defendants.

United States Magistrate Judge John Johnston issued Findings and
Recommendations in this matter. (Doc. 2.) Judge Johnston recommended that the
Court remand this matter to the Third Judicial District Court, Deer Lodge, Powell
County, Montana, due to improper removaL Id. at 2. Only a defendant may remove
a case filed in state court to federal court under 28 U.S.C. § 1441. Here, plaintiff
improperly removed his own case. Id.
No party filed an objection to Judge Johnston's Findings and
Recommendations. When a party makes no objections, the Court need not review

de novo the proposed Findings and Recommendations. Thomas v. Am, 474 U.S.
140, 149-52 (1986). This Court reviews Judge Johnston's Findings and
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Recommendations, however, for clear error. McDonnell Douglas Corp. v.

Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court
finds no error.

ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston's Findings
and Recommendations (Doc. 2) is ADOPTED IN FULL.
The Clerk of Court is directed to send a certified copy of these Findings and
Recommendations to the Clerk of Court for the Third Judicial District Court, Deer
Lodge, Powell County, Montana. The Clerk of Court is further directed to send a
copy of this Order to Jeffrey Ooud, Agency Legal Services Bureau, Montana
Department of Justice, 1712 Ninth Avenue, PO Box 201440, Helena, MT 59620­
1440.
DATED this 13th day ofApril, 2017.

Brian Morris
United States District Court Judge

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