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)

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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. ยง 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, -1- 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 -2-

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