Smith v. State of Montana et al

Filing 19

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. Defendants State of Montana, Montana State Prison, and Montana Department of Corrections areDISMISSED. Signed by Judge Dana L. Christensen on 4/23/2015. Mailed to Smith. (TAG, )

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

APR 2 3 2015
Clerk, U.S. District Court
District Of Montana
Missoula

CV 14-62-H-DLC-JTJ

BENJAMIN KARL SMITH,
Plaintiff,

ORDER
vs.
STATE OF MONTANA, MONTANA
STATE PRISON, MONTANA
DEPARTMENT OF CORRECTIONS,
WARDEN KIRKEGARD, SGT.
POSTMA, and OFFICER DAVID
AUGUST (BOGUT),
Defendants.
United States Magistrate Judge John T. Johnston entered his order, findings,
and recommendations in this case on March 2, 2015, recommending inter alia that
Plaintiff Smith's Complaint be dismissed as to Defendants State of Montana,
Montana State Prison, and Montana Department of Corrections. Smith failed to
timely object to the findings and recommendations, and so waived the right to de

novo 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). The Court adopts Judge

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Johnston's findings and recommendations in full.
Judge Johnston found, and this Court agrees, that the State of Montana,
Montana State Prison, and Montana Department of Corrections are immune from
suit pursuant to the Eleventh Amendment.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 8) are ADOPTED IN FULL. Defendants State of
Montana, Montana State Prison, and Montana Department of Corrections are
DISMISSED from this action.
DATED this J..;v-J_day of April, 201

Dana L. Christensen, Chief Judge
United States District Court

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