Smith v. State of Montana et al

Filing 97

ORDER ADOPTING 90 FINDINGS AND RECOMMENDATIONS ; granting 63 Motion for Summary Judgment. Signed by Judge Dana L. Christensen on 2/7/2017. Mailed to Smith. (TAG)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION CV 15-13-H-DLC-JTJ BENJAMIN KARL SMITH, Plaintiff, ORDER vs. WARDEN LEROY KIRKEGARD, IRL LAMBERTSON, OFFICER FOSNESS, and OFFICER MACHLER, Defendants. United States Magistrate Judge John Johnston entered his Findings and Recommendations in this matter on January 6, 2017, recommending that Defendant Lambertson's Motion for Summary Judgment be granted. The parties failed to timely object to the Findings and Recommendations, and so waived their right to de novo review of the record. 1 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 1 The Court notes that Plaintiff Benjamin Smith did file a response to Defendant Officer Fossens and Officer Machler's Motion for Summary Judgment (Doc. 95), but failed to object to the Findings and Recommendations. -1- 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) (citations omitted). Having reviewed the Findings and Recommendations, the Court finds no clear error in Judge Johnston's conclusion that Defendant Lambertson's Motion for Summary Judgment should be granted because Plaintiffs claims against him are barred by the doctrine of res judicata. Further, the Court finds no clear error in Judge Johnston's finding that there is insufficient conduct to support a claim under 42 U.S.C. § 1983 because, at most, Defendant Lambertson acted negligently. Accordingly, there being no clear error in Judge Johnston's Findings and Recommendations, IT IS ORDERED that: (1) Judge Johnston's Findings and Recommendations (Doc. 90) are ADOPTED IN FULL. (2) Defendant Lambertson's Motion for Summary Judgment (Doc. 63) is GRANTED. Dated this 1-#i day of February, 20f17 J Dana L. Christensen, Chief Judge United States District Court -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?