Young v. O'Fallon et al

Filing 11

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Claims regarding housing state prisoners with federal prisoners are DISMISSED. Defendants Mark Inch, Benefis Hospital, and Nate Johns are DISMISSED. Signed by Judge Brian Morris on 12/4/2018. Mailed to Young (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
ADAM CLARK YOUNG,
CV 18–74–GF–BMM–JTJ
Plaintiff,
ORDER

vs.
CPT. DAN O’FALLON, MARK S.
INCH, NATE JOHNS, MCKENZIE
HANNAN, and BENEFIS HOSPITAL,
Defendants.

United States Magistrate Judge John Johnston entered his Findings and
Recommendations in this case on November 9, 2018, recommending Adam Clark
Young’s claims regarding housing state prisoners with federal prisoners be
dismissed, and Defendants Mark Inch, Benefis Hospital, and Nate Johns be
dismissed. Judge Johnston further determined that Mr. Young had a reasonable
opportunity to prevail on the merits on the remainder of his claims. (Doc. 10 at 15.)
Plaintiff did not object to the Findings and Recommendations and so has waived
the right to de novo review thereof. 28 U.S.C. § 636(b)(1)(C). Absent objection,
this Court reviews findings and recommendations for clear error. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); Thomas v. Arn, 474
U.S. 140, 149 (1985). 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
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F.3d 422, 427 (9th Cir. 2000) (citations omitted). Reviewing for clear error and
finding none,
1.

IT IS ORDERED that Judge Johnston’s Findings and

Recommendations (Doc. 10) are ADOPTED IN FULL.
2.

IT IS FURTHER ORDERED that Young’s claims regarding housing

state prisoners with federal prisoners are DISMISSED.
3.

IT IS FURTHER ORDERED that Defendants Mark Inch, Benefis

Hospital, and Nate Johns are DISMISSED.
4.

IT IS FURTHER ORDERED that Young has demonstrated a

reasonable opportunity to prevail on the merits of his remaining claims, and
Defendants O’Fallon and Hannon are required to respond.
DATED this 4th day of December, 2018.

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