Washington v. Griffin et al

Filing 17

ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS in full. Motions forpreliminary injunction ( 8 and 10 ) are DENIED WITHOUT PREJUDICE. Signed by Judge Dana L. Christensen on 9/30/2015. Mailed to Washington. (TAG, )

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

SEP 3 0 2015
Clerk, U S. District Court
District Of Montana
Missoula

CV 15-28-H-DLC-JTJ

RICHARD GENE WASHINGTON,
Plaintiff,

ORDER
vs.
LANCE GRIFFIN, HEIDI ABBOTT,
LAURA JANES, CONNIE WINNER,
CATHY REDFERN, TRISTAN
KOHUT, and SCOTT PIRANIAN,
Defendants.
United States Magistrate Judge John T. Johnston entered his order, findings,
and recommendation in this case on June 22, 2015, granting Plaintiff Richard
Gene Washington's motion for an extension of time to file an Amended
Complaint, but recommending denial, without prejudice, of his motions for
preliminary injunction. Washington 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 )(1 ). 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 ifthe Court is left with a "definite and firm
conviction that a mistake has been committed." United States v. Syrax, 235 F.3d

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422, 427 (9th Cir. 2000). For the reasons explained below, the Court adopts Judge
Johnston's findings and recommendations in full.
Judge Johnston found that, as of the date of the findings and
recommendations, Washington had not yet served his Complaint upon the named
defendants, nor had they appeared. Judge Johnston therefore concluded that the
Court did not have personal jurisdiction over the defendants, and that injunctive
relief was premature. This Court finds no error in his findings and
recommendations on this issue.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 11) are ADOPTED IN FULL. Washington's motions for
preliminary injunction (Docs. 8 and 10) are DENIED WITHOUT PREJUDICE.
DATED this

3D~day of September, 2015.

ki~t~ge

Dana L.
United States District Court

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