Martindale v. Montana D.O.C. et al
Filing
8
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 6 in full. Montana Department of Corrections, the Montana State Prison and the Montana State Prison Medical Department are DISMISSED. Signed by Judge Dana L. Christensen on 3/21/2016. Mailed to Martindale. (TAG, )
FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
MAR 2 1 2016
Clerk, U.S. District Court
District Of Montana
Missoula
CV 15-111-H-DLC-JTJ
MICHAEL MARTINDALE,
Plaintiff,
ORDER
vs.
MONTANA D.O.C., M.S.P., LEROY
KIRKEGARD, MIKE BATISTA, and
M.S.P. MEDICAL DEPARTMENT,
Defendants.
United States Magistrate Judge John Johnston entered his Findings and
Recommendations in this matter on February 16, 2016, recommending dismissal
of the Montana Department of Corrections, the Montana State Prison, and the
Montana State Prison Medical Department. The parties failed to timely object to
the Findings and Recommendations, and so waived their right to de novo review
of the record. 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 ifthe Court is left
with a "definite and firm conviction that a mistake has been committed." United
-1-
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 conclusion that the Montana Department of
Corrections, the Montana State Prison, and the Montana State Prison Medical
Department enjoy immunity from suit under the Eleventh Amendment to the
United States Constitution. Accordingly, these parties will be dismissed from this
matter.
IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 6) are
ADOPTED IN FULL.
(2) The Montana Department of Corrections, the Montana State Prison and
the Montana State Prison Medical Department are DISMISSED based upon the
Eleventh Amendment.
Dated this
2.J
st ofMarch, 2016.
day
Dana L. Christensen, Chief Judge
United States District Court
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?