Poulson v. Kirkegard

Filing 90

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 87 in full. Motion for Preliminary Injunction and Temporary Restraining Order 69 is DENIED. Signed by Judge Dana L. Christensen on 5/5/2016. Mailed to Poulson. (TAG, )

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

KERMIT POULSON,

MAY 0 5 2016
Clerk U s Oistr;
Okitrict Of M ct Court
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ontana

'"''SS0ula

CV 14--43-H-DLC-JTJ

Plaintiff,
ORDER
vs.
DERICK BUDD, BEAU BALTEZAR,
GARRETT KENT, SAM SHORT,
JOSH SWEENEY, AND JASON
TRUDEAU,
Defendants.
United States Magistrate Judge John Johnston entered his Order, Findings
and Recommendations in this matter on March 29, 2016, recommending that
Plaintiff Kermit Poulson's ("Poulson") Motion for Preliminary Injunction and
Temporary Restraining Order (Doc. 69) should be denied. Poulson failed to
timely object to the Findings and Recommendations, and so waived his right to de
novo review of the record. 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 if the
Court is left with a "definite and firm conviction that a mistake has been
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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 conclusion that Poulson's Motion for Preliminary
Injunction and Temporary Restraining Order should be denied because he has not
demonstrated a likelihood of success on the merits due to his failure to exhaust his
administrative remedies.
Accordingly, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 87) are
ADOPTED IN FULL.
(2) Poulson's Motion for Preliminary Injunction and Temporary Restraining
Order (Doc. 69) is DENIED.
Dated this

5~ day of May, 2016.

Dana L. Christensen, Chief Judge
United States District Court

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