Smith v. Fletcher et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Defendants Fletcher and Sefalo are DISMISSED. Signed by Judge Brian Morris on 3/13/2018. Mailed to Smith. (TAG)

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

BENJAMIN KARL SMITH,
CV-18-08-GF-BMM-JTJ
Plaintiff,
v.
MR. HENSON, TERRI SEFALO,
WARDEN FLETCHER, WARDEN
FENDER, D. J. GODFREY, ASST.
WARDEN POWELL, CHAPLIN
DELELLA, and MR. MADRID,

ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

Defendants.

Plaintiff Benjamin Smith filed a Complaint alleging violations of his First,
Eighth, and Fourteenth Amendment rights and the Religious Land Use and
Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc et seq. (Doc.
2.) United States Magistrate Judge John Johnston issued an Order and Findings
and Recommendations in this matter on January 26, 2018. (Doc. 4.)
Judge Johnston recommended that the Court dismiss Smith’s claims against
Defendants Terri Sefalo and Warden Fletcher. (Doc. 4 at 4.) Defendants Sefalo and
Fletcher are employees of Montana State Prison. (Doc. 2 at 4, 7.) Smith’s claims
stem from his alleged inability to attend Jumah Services while incarcerated at
Crossroads Correctional Center. (Doc. 2 at 8.)
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No party has filed objections. 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.
I.

ORDER

Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 4) is ADOPTED IN FULL. Defendants Fletcher and
Sefalo are DISMISSED.
DATED this 13th day of March, 2018.

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