Goldsmith v. Lewis and Clark County et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. Defendant Lewis and Clark County is DISMISSED. Goldsmith's allegations regarding excessive bail and denial of access to legal materials are DISMISSED for failure to state a claim upon which relief may be granted. Signed by Judge Donald W. Molloy on 3/3/2014. Mailed to Goldsmith. (TAG, )

FILED

MAR 032014
Clerk. u.s District Court

District Of Montana

Missoula

IN THE ·UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

HELENA DIVISION

DARREN DEE GOLDSMITH, SR.,

CV 13-S1-H-DWM-RKS

Plaintiff,
ORDER

vs.
LEWIS AND CLARK COUNTY, LEO
DUTTON, and BENEFIS SPECTRUM
NIEDICAL, INC.,
Defendants.

This matter comes before the Court on Plaintiff Darren Dee Goldsmith, Sr.' s
proposed Complaint (Doc. 2). Magistrate Judge Keith Strong entered findings and
recommendations on January 28, 2014, 1 recommending Defendant Lewis and
Clark County be dismissed and that Goldsmith's allegations regarding excessive

A Findings and Recommendation was originally entered on January
23,2014 (Doc. 8), but was replaced with a Nunc Pro Tunc Order and Findings and
Recommendation (Doc. 9).
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bail and denial of access to legal materials fail to state a claim upon which relief
may be granted and should be dismissed. (Doc. 9.)
Goldsmith is entitled to de novo review of the specified findings or
recommendations to he objects. 28 U.S.C. § 636(b)(1). The Court reviews the
findings and recommendations that are not specifically objected to for clear error.

McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309,1313
(9th Cir. 1981). 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 F.3d
422,427 (9th Cir. 2000). Goldsmith did not file an objection.
The Court finds no clear error with Judge Strong's determination that the
Court must abstain from adjudicating Goldsmith's allegation of excessive bail
under Younger v. Harris, 401 U.S. 37 (1971) and that Goldsmith has failed to state
a claim on the allegation he has been denied access to legal materials.
Accordingly, IT IS ORDERED that the Findings and Recommendation
(Doc. 9) is ADOPTED IN FULL.
IT IS FURTHER ORDERED that Defendant Lewis and Clark County is
DISMISSED.
IT IS FURTHER ORDERED that Goldsmith's allegations regarding
excessive bail and denial of access to legal materials are DISMISSED for failure
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to state a claim upon which relief may be granted.

Dated this

~ of March, 2014.
lI-{ay

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