Spinks v. Montana State Prison et al

Filing 18

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 in full. Defendant Montana State Prison is DISMISSED WITH PREJUDICE. Signed by Judge Dana L. Christensen on 1/5/2015. Mailed to Spinks. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
CV 14-59-H-DLC-RKS

BRIAN J. SPINKS,
Plaintiff,

ORDER

vs.
MONTANA STATE PRISON, LHU-1
FIRST SHIFT SERGEANT (name
unknown), LHU-1 SECOND SHIFT
SERGEANT (name unknown), LHU-1
THIRD SHIFT SERGEANT (name
unknown), and, LHU-1 UNIT
MANAGER,

FILED
JAN 0 5 2015
Clerk, U.S. District Court
District Of Montana
Missoula

Defendants.

United States Magistrate Judge R. Keith Strong entered Findings and
Recommendations on October 23, 2014 recommending that Montana State Prison
be dismissed with P!ejudice. Petitioner did not timely object to the Findings and
Recommendations, and so waived the right to de nova review of the record. 28
U.S.C. § 636(b)(l). The Court will therefore review the record 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
-1-

422, 427 (9th Cir. 2000). There is no clear error in Judge Strong's Findings and
Recommendations.
There is no clear error in Judge Strong's finding that Montana State Prison
is a state agency pr<?tected from monetary damages by immunity under the
Eleventh Amendment to the United States Constitution. The United States
Supreme Court has interpreted the Eleventh Amendment to mean that absent
waiver, neither a State nor an agency of the State acting under its control may "be
subject to suit in federal court." Puerto Rico Aqueduct & Sewer Authority v.
Metcalf & Eddy, Inc., 506 U.S. 139, 144 (1993). Spinks does not seek prospective

relief and so does not fall under that exception to the general prohibition of the
Eleventh Amendment. Idaho v. Couer d'Alene Tribe, 521 U.S. 261 (1997).
Accordingly, IT IS ORDERED that Judge Strong's Findings and
Recommendations (Doc. 12) are ADOPTED.
IT IS FURTHER ORDERED that Defendant Montana State Prison is
DISMISSED WITH PREJUDICE.
Dated this 5-Uaday of January, 201

Dana L. Christensen, Chief Judge
United States District Court
-2-