Haithcox v. Gilbertson et al
Filing
9
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. Claims for injunctive and declaratory relief advanced against all Defendants are DISMISSED without prejudice. Signed by Judge Dana L. Christensen on 11/8/2016. Mailed to Haithcox. (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
TIMOTHY CRAIG HAITHCOX,
Plaintiff,
ORDER
vs.
LEO DUTTON, ERIC GILBERTSON,
ALAN HUGHES, DAN O'MALLEY,
WILLIAM PANUS, and ARLEEN
HIBBARD,
Defendants.
United States Magistrate Judge John Johnston entered his Order, Findings
and Recommendations in this matter on October 18, 2016, recommending
dismissal of Plaintiff Timothy Haithcox's ("Haithcox") claims for injunctive and
declaratory relief. 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 )(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 if the Court is left with a
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"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 that Haithcox's claims for injunctive
and declaratory relief directly relate to his ongoing criminal prosecution in Lewis
and Clark County, Montana. The Court agrees with Judge Johnston that any
decisions rendered on Haithcox's claims would unduly interfere with the ongoing
state matter and, as a result, this Court should abstain from ruling at this time.
Consequently, Haithcox's claims for injunctive and declaratory relief shall be
dismissed without prejudice. However, as ordered by Judge Johnston, Haithcox's
claims for monetary damages will be stayed pending that conclusion of his state
court proceedings.
Accordingly, there being no clear error in Judge Johnston's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendations (Doc. 8) are
ADOPTED IN FULL.
(2) Plaintiff Haithcox's claims for injunctive and declaratory relief
advanced against all Defendants are DISMISSED without prejudice.
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Dated this
~day ofNovember, 2016
Dana L. Christensen, Chief Judge
United States District Court
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