Beam v. Pasha et al

Filing 16

ORDER ADOPTING 6 FINDINGS AND RECOMMENDATIONS in full. The State of Montana, Ben Bouley, and all Jane and John Doe Defendants are DISMISSED from this case. Signed by Judge Dana L. Christensen on 12/17/2015. Mailed to Beam. (TAG, )

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

DEC 1 7 2015
Clerk, U.S District Court
District Of Montana
Missoula

CV 15-86-H-DLC-JTJ

JAMEISON BEAM,
Plaintiff,

ORDER
vs.
LARRY PASHA, BEN BOULEY, LT.
HARMON, LEROY KIRKEGARD,
JANE DOE 1, and JOHN AND JANE
DOES 2-20,
Defendants.
United States Magistrate Judge John T. Johnston entered an order, findings,
and recommendations in this case on October 22, 2015, granting Plaintiff
Jameison Beam's ("Beam") motion to proceed in forma pauperis, but
recommending dismissal of Defendants State of Montana, Ben Bouley, and all
Jane and John Doe Defendants due to Beam's failure to make any allegations
against them. Beam did not object to the order or to the findings and
recommendations, and so waived the right to de nova review of the latter. 28
U.S.C. § 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.
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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 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 conclusions regarding Beam's pleading against the
above defendants.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 6) are ADOPTED IN FULL. The State of Montana, Ben
Bouley, and all Jane and John Doe Defendants are DISMISSED from this case.

~

DATED this l 1' day of December

015.

Dana L. Christensen, Chief Judge
United States District Court

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