Smith v. Jovanovich et al

Filing 17

ORDER ADOPTING 11 FINDINGS AND RECOMMENDATIONS. Claims dismissed as outlined in Order; Defendants Joe Turner, Ron McDonald, and Ryan Durkin are DISMISSED. Signed by Judge Dana L. Christensen on 4/19/2017. Mailed to Smith. (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
CV 16-0048-H-DLC-JTJ

BENJAMIN KARL SMITH,
Plaintiff,

ORDER
vs.
SAM JOVANOVICH, SCOTT CLARK,
RON MCDONALD, RYAN DURKIN,
DENISE DEYOTT, JOE TURNER,
Defendants.
United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on January 11, 2017, recommending that Plaintiff
Benjamin Karl Smith's ("Smith") claims that Defendants Deyott, Clark, and
Jovanovich withheld or destroyed his mail are sufficient to state a claim under the
First Amendment and should proceed, but that all other claims against Defendants
Turner, McDonald, and Durkin should be dismissed. No party objected to the
findings and recommendations, and so they have waived the right to de novo
review thereof. 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. Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe Court is left
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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 conclusion.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 11) are ADOPTED IN FULL.
(1)

Smith's claims regarding opening his legal mail outside of his

presence are DISMISSED.
(2)

Smith's denial of access to the court claims are DISMISSED.

(3)

Smith's Fourth Amendment claims are DISMISSED.

(4)

Smith's Fourteenth Amendment due process claims are

DISMISSED.
(5)

Smith's Fourteenth Amendment equal protection claims are

DISMISSED.
(6)

Defendants Joe Turner, Ron McDonald, and Ryan Durkin are

DISMISSED.

~

DATED this li_ day of April, 201

Dana L. Christensen, Chief Judge
United States District Court
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