Washington v. Griffin et al

Filing 28

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 24 in full. Defendant Janes' motionto dismiss 21 is GRANTED, and she is hereby DISMISSED from thisaction. Signed by Judge Dana L. Christensen on 6/29/2016. Mailed to Washington. (TAG, )

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

RICHARD GENE WASHINGTON,

JUN 2 9 2016
Cle~.

Y

S District Court
D1stnct Of Montana
Missoula

CV 15-28-H-DLC-JTJ

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 findings and
recommendations in this case on May 19, 2016, recommending that Defendant
Laura Janes ("Janes") be dismissed from this action. Plaintiff Richard Gene
Washington ("Washington") did not object to the findings and recommendations,
and so has waived the right to de novo review thereof. 28 U.S.C. § 636(b )(1 )(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 committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir.
-1-

2000) (citations omitted).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Johnston's conclusions that because Washington asserts no
allegations against Janes in his Amended Complaint, Janes' motion to dismiss
pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure should be
granted.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 24) are ADOPTED IN FULL. Defendant Janes' motion
to dismiss (Doc. 21) is GRANTED, and she is hereby DISMISSED from this
action.
DATED this

l'«~ay of June, 2016.

Dana L. Christensen, Chief Judge
United States District Court

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