Lucas v. Jovanovich et al

Filing 60

ORDER ADOPTING 59 FINDINGS AND RECOMMENDATIONS; granting 48 Motion for Summary Judgment. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 8/31/2017. Mailed to Lucas. (TAG)

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

FILED
AUG 3 1 2017
Clerk, U.S DiaSrict Court
District Of Montana
Missoula

CV 15-76-H-DLC-JTJ

DAVID EMMANUEL LUCAS,
Plaintiff,

ORDER
vs.
SAM JOVANOVICH, TAYLOR
CUNNINGHAM, KEN ARNOLD,
SGT. WOHLMAN, LEROY
KIRKEGARD, and DAN HUNTER,
Defendants.
United States Magistrate Judge John T. Johnston entered his Findings and
Recommendations in this case on July 28, 2017, recommending that this action be
dismissed. Plaintiff David Emmanuel Lucas ("Lucas") failed to timely object to
the Findings and Recommendations, and so waived the right to de novo review of
the record. 28 U.S.C. § 636(b)(l). 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).
After reviewing the record, the Court agrees with Judge Johnston that there
is no evidence that any individual officer caused a constitutional violation.
Furthermore, finding no clear error in Judge Johnston's conclusion,
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IT IS ORDERED that Judge Johnston's Findings and Recommendations
(Doc. 59) is ADOPTED IN FULL.
(1)

This case is DISMISSED.

(2)

The Clerk of Court is directed to close this matter and enter judgment
in favor of Defendants pursuant to Rule 58 of the Federal Rules of
Civil Procedure.

(3)

The Clerk of Court should be directed to have the docket reflect that
the Court certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules
of Appellate Procedure that any appeal of this decision would not be
taken in good faith.

DATED this

31 ~\iay of August, 2017.

Dana L. Christensen, Chief Judge
United States District Court

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