Smart v. Kirkegard et al

Filing 37

ORDER ADOPTING 35 FINDINGS AND RECOMMENDATIONS; granting 28 Motion for Summary Judgment. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 11/16/2017. Mailed to Smart (TAG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION FORREST SCOTT SMART, Plaintiff, ORDER vs. LEROY KIRKEGARD, et al., Defendants. United States Magistrate Judge John Johnston entered his Findings and Recommendations in this case on October 4, 2017, recommending that Defendants' Motion for Summary Judgment (Doc. 28) be granted and this matter dismissed. Plaintiff Forrest Scott Smart did not timely 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. 2000) (citations omitted). -1- After reviewing the record and finding no clear error, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 35) are ADOPTED IN FULL. The Defendants' Motion for Summary Judgment (Doc. 28) is GRANTED and this matter is DISMISSED. IT IS FURTHER ORDERED that the Clerk of Court will close this matter and enter judgment in favor of Defendants pursuant to Fed. R. Civ. P. 58. IT IS FURTHER ORDERED that the Clerk of Court shall ensure that the docket reflects 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. No reasonable person could suppose an appeal to be meritorious. DATED this i tO .U,day of November, Dana L. Christensen, Chief Judge United States District Court -2-

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