Strizich v. Batista et al

Filing 26

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 17 in full. Claims dismissed as described. Defendants Leroy Kirkegard, Mike Batista, Leonard Mihelich, Thomas Wood, Myron Beeson, Tom Wilson, Dan Hess, Loma Kuchinsky, Billie Reich, Kristy Cobban, Roxanne Wigert, Sam Jovanovich, Paul Lucier, Robert Shaw, Sam Casey, Irl Lambertson, Chris Connell, Vera Hoscheid, Captain McNiel, and all John Does are DISMISSED. Signed by Judge Dana L. Christensen on 8/15/2017. Mailed to Strizich (TAG)

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

JORY STRIZICH,

AUG 15 2017
Cler!<. l! S District Court
D1stnct Of Montana
Missoula

CV 16-12-H-DLC-JTJ

Plaintiff,
ORDER
vs.
MIKE BATISTA, et al.,
Defendants.

United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on May 12, 2017, recommending that all claims
asserted against Defendants Leroy Kirkegard, Mike Batista, Leonard Mihelich,
Thomas Wood, Myron Beeson, Tom Wilson, Dan Hess, Loma Kuchinsky, Billie
Reich, Kristy Cobban, Roxanne Wigert, Sam Jovanovich, Paul Lucier, Robert
Shaw, Sam Casey, Irl Lambertson, Chris Connell, Vera Hoscheid, Captain
McNiel, and all John Does be dismissed and that Plaintiff Jory Strizich's
("Strizich") federal and state law claims against Defendants Reich, Hess, and
Napier arising out of the June 20, 2013 incident proceed. Strizich timely filed
objections to the findings and recommendations. Consequently, Strizich is

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entitled to a de novo review of those findings and recommendations to which he
specifically objects. 28 U.S.C. § 636(b )(1 )(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 States v. Syrax, 235 F .3d 422, 427 (9th Cir. 2000) (citations omitted).
Judge Johnston concluded, and this Court agrees, that all claims except
those against Defendants Reich, Hess, and Napier should be dismissed. Strizich
has failed to state a claim against any other Defendant. Strizich's objections fail to
present any new evidence and reiterate the same facts and arguments already made
and properly rejected by Judge Johnston. Instead, Strizich's objections are merely
rehashed arguments of the same allegations made in his First and Second
Amended Complaints.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 17) are ADOPTED IN FULL.
1.

All claims except Plaintiff Strizich's federal and state law claims
against Defendants Reich, Hess, and Napier regarding the June 20,
2013 incident are DISMISSED WITH PREJUDICE.
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2.

Defendants Leroy Kirkegard, Mike Batista, Leonard Mihelich,
Thomas Wood, Myron Beeson, Tom Wilson, Dan Hess, Loma
Kuchinsky, Billie Reich, Kristy Cobban, Roxanne Wigert, Sam
Jovanovich, Paul Lucier, Robert Shaw, Sam Casey, Irl Lambertson,
Chris Connell, Vera Hoscheid, Captain McNiel, and all John Does are
DISMISSED.

DATED this

15-#aday of August, 20

7.

Dana L. Christensen, Chief Judge
United States District Court

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