Bearchild v. Cobban et al

Filing 161

ORDER ADOPTING 157 FINDINGS AND RECOMMENDATIONS. Bearchild's Objection and Request for Clarification and Reconsideration [121 ], which the Court has construed as amotion to dismiss Blaz, is GRANTED. Blaz is DISMISSED WITH PREJUDICE. Signed by Judge Dana L. Christensen on 7/21/2016. Mailed to Bearchild. (TAG, )

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

DEWAYNE BEARCHILD,

FILED
JUL 2 1 2016
Cle~.

YS District Court
01stnct Of Montana
Missoula

CV 14-12-H-DLC-JTJ

Plaintiff,
ORDER
vs.
KRISTY COBBAN, SGT. PASHA,
SAM JOVANOVICH, TOM BLAZ,
DAN JOHNSON and C/O
SHASHLINGE,
Defendants.
United States Magistrate Judge John T. Johnston entered an order, findings,
and recommendations in this case on June 29, 2016, recommending that Plaintiff
Dewayne Bearchild's ("Bearchild") Objection and Request for Clarification and
Reconsideration-which Judge Johnston construed as a motion to dismiss
Defendant Tom Blaz ("Blaz")-be granted and, consequently, denying as moot
Blaz's motion to extend the pretrial motions deadline. Bearchild did not object to
the order or recommendation, and so waived the right de novo 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.
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Arn, 474 U.S. 140, 149 (1985), as well as any orders within Judge Johnston's
statutory jurisdiction, pursuant to 28 U.S.C. § 636(b )(1 )(A). "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).
Having reviewed the findings and recommendations and finding no clear
error therein,
IT IS ORDERED that Judge Johnston's findings and recommendations
(Doc. 157) are ADOPTED IN FULL. Bearchild's Objection and Request for
Clarification and Reconsideration (Doc. 121 ), which the Court has construed as a
motion to dismiss Blaz, is GRANTED. Blaz is DISMISSED WITH PREJUDICE,
and the Clerk of Court shall terminate him as a defendant in this matter.
DATED this

2l~\ay of July, 2016.

Dana L. Christensen, Chief Judge
United States District Court

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