Kelly v. BURLINGTON NORTHERN SANTA FE, INC. et al
Filing
28
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. ; adopting Findings and Recommendations re 27 Findings and Recommendations.; granting 12 Motion to Dismiss for Lack of Jurisdiction; granting 14 Motion to Dismiss for Failure to State a Claim; granting 16 Motion to Dismiss for Failure to State a Claim; granting 18 Motion to Dismiss for Failure to State a Claim Signed by Judge Dana L. Christensen on 6/29/2016. Copy mailed to S. Kelly. (DED, )
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
STEPHEN P. KELLY,
JUN 2 9 2016
Clef!<, ':I S District Court
Oistnct Of Montana
Missoula
CV 15-64-H-DLC-JTJ
Plaintiff,
ORDER
vs.
BNSF RAILWAY COMPANY,
MONTANA RAIL LINK, INC.,
THOMAS WALSH, and CARL R. ICE.,
Defendants.
United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on May 11, 2016, recommending that Defendants'
various motions to dismiss be granted and Plaintiff Stephen P. Kelly's ("Kelly")
action be dismissed. Kelly did not object to the findings and recommendations,
and so has waived the right to de novo review thereof. 28 U.S.C. ยง 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 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: (1) the Court lacks personal
jurisdiction over Defendant Carl Ice, and Kelly nevertheless fails to assert any
allegations against him; (2) Kelly's claims against Defendants BNSF Railway
Company and Montana Rail Link, Inc. are preempted by federal law; and (3) Kelly
fails to assert any allegations against Defendant Thomas Walsh.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 27) are ADOPTED IN FULL. Defendants respective
motions to dismiss (Docs. 12, 14, 16, 18) are GRANTED. This case is
DISMISSED, and the Clerk of Court shall enter judgment in favor of Defendants.
DATED this 2.'f-ttaay of June, 2016.
Dana L. Christensen, Chief Judge
United States District Court
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