Golie v. Kirkegard et al

Filing 32

ORDER ADOPTING 27 FINDINGS AND RECOMMENDATIONS; denying 25 Motion for temporary injunction and motion to add claims. Signed by Judge Dana L. Christensen on 12/17/2015. Mailed to Golie. (TAG, )

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

DEC 17 2015
C~.S

District Court
ct.Of Montana
Missoula

CV 14-10-H-DLC-JTJ

ANDREW DAVID GOLIE,
Plaintiff,

ORDER
vs.
THOMAS MALCOMB, PAUL
LUCIER, DENISE DEYOTTE, and
DR. EDWARDS,
Defendants.
United States Magistrate Judge John T. Johnston entered an order, findings,
and recommendations in this case on October 5, 2015, denying Plaintiff Andrew
David Golie' s ("Golie") motions for appointment of counsel and extension of the
discovery deadline, and recommending denial of his motion for temporary
injunction and motion to add claims. Golie did not object to the order or to the
findings and recommendations, and so waived the right to de nova review of the
latter. 28 U.S.C. § 636(b)(l)(C). This Court reviews for clear error those findings
and recommendations to which no party objects. See McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v.
Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe Court is left with a
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"definite and firm conviction that a mistake has been committed." United States v.
Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Johnston's conclusions that Golie's motion for injunction
relates to issues beyond this matter, and that Golie's motion to amend is both
untimely and noncompliant with local and federal rules.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 27) are ADOPTED IN FULL. Golie's motion for
temporary injunction and motion to add claims (Doc. 25) are DENIED.
DATED this

r=t ~ of December,
day

Dana L. Christensen, Chief Judge
United States District Court

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