Klein v. Cascade County Detention Center et al
Filing
15
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 13 in full. Cascade County Detention Center is DISMISSED. Signed by Magistrate Judge John Johnston on 7/2/2018. Mailed to Klein (TAG)
FILED
IN THE UNITED STATES DISTRICT COURT
JUL 02 2018
FOR THE DISTRICT OF MONTANA
erell<, u.s Dlstnct COWl
GREAT FALLS DIVISION
District Of Montana
Gr"2t Falls
DYLAN LEE MONROE KLEIN,
CV-17-00104-GF-BMM-JTJ
Plaintiff,
vs,
ORDER
CASCADE COUNTY DETENTION
CENTER, PETER MOLNER,
DETENTION CENTER MEDICAL
STAFF, and SGT. GRUBB,
Defendants,
PlaintitfDylan Klein has filed an Amended Complaint. (Doc, 12,) United
States Magistrate Judge John Johnston entered Findings and Recommendations in
this matter on June 4,2018. (Doc, 13.) Neither party filed objections.
When a party makes no objections, the Court need not review de novo the
proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140,149-52
(1986). This Court will review Judge Johnston's Findings and Recommendations,
however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F.2d 1309, 1313 (9th Cir, 1981).
A. Cascade County Detention Center
Judge Johnston determined that Cascade County Detention Center serves as
a "facility established and maintained by an appropriate entity for the purpose of
confining arrested persons or persons sentenced to the detention center." Mont.
Code Ann. ยง 7-32-2120. As a building, Cascade County Detention Center cannot
be sued. Klein did not name Cascade County Detention Center in his Amended
Complaint. The Court will dismiss Cascade County Detention Center.
IT IS ORDERED that Judge Johnston's Findings and Recommendations
(Doc. 13), are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Cascade County Detention Center is
DISMISSED.
DATED this 2nd day ofJuly, 2018.
Brian Morris
United States District Court )lldge
2
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