Washington v. Griffin et al

Filing 58

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 53 Findings and Recommendations in full. Dr. Tristan Kohut is DISMISSED. Signed by Judge Dana L. Christensen on 4/19/2017. Mailed to Washington (TAG)

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

CV 15-0028-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 findings and
recommendations in this case on February 9, 2017, recommending that Plaintiff
Richard Gene Washington's ("Washington") Motion to Dismiss Dr. Tristan Kohut
(Doc. 52) be granted and that Dr. Kohut be dismissed as a defendant in this action.
No party objected to the findings and recommendations, and so they have 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 ifthe
Court is left with a "definite and firm conviction that a mistake has been
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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.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 53) are ADOPTED IN FULL. Dr. Tristan Kohut is
DISMISSED as a Defendant in the above-captioned case.
DATED this (Cf

~day of April, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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