Blackwell v. Cascade County et al

Filing 20

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 11 in full. Cascade County Correctional Facility is DISMISSED. Signed by Judge Brian Morris on 10/29/2018. Mailed to Blackwell (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
BRIAN BLACKWELL,
CV-18-13-GF-BMM-JTJ
Plaintiff,
v.
CASCADE COUNTY, SHERIFF BOB
EDWARDS, CASCADE COUNTY
CORRECTIONAL FACILITY, and
COMMANDER O’FALLON,

ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

Defendants.

Plaintiff Brian Blackwell filed a Complaint pursuant to 42 U.S.C. § 1983
alleging his conditions of confinement at the Cascade County Detention Facility
violated his constitutional rights. (Doc. 2).

United States Magistrate Judge John Johnston issued an Order and Findings
and Recommendations in this matter on August 3, 2018. (Doc. 11). Judge
Johnston found []. Judge Johnston recommended that Defendant’s Motion for a
More Definite Statement (Doc. 6) be denied as moot, and Defendant’s Motion to
Dismiss (Doc. 6) be denied without prejudice. Id.
No party filed objections to Judge Johnston’s Findings and
Recommendation. The Court has thus reviewed the Findings and
Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus.
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Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in
Judge Johnston’s Findings and Recommendation, and adopts them in full.
ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 11) is ADOPTED IN FULL.
IT IS FURTHER ORDERED that Mr. Blackwell’s claims of failure to
protect, denial of access to the courts, and claims regarding housing state prisoners
with federal prisoners is DISMISSED WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Cascade County Correctional Facility is
DISMISSED.
DATED this 29th day of October, 2018.

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