Sliwinski v. Murry et al
Filing
8
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 3 in full. Mike Murry, Susan Good- Geise, Andy Hunthausen, Leo Button, Scott Furgerson, and Lewis and Clark County Detention Center are DISMISSED from this case; claims brought under Titles I, III, and IV of the ADA fail to state claims upon which relief may be granted and are DISMISSED. Signed by Judge Dana L. Christensen on 10/5/2016. Mailed to Sliwinski (TAG, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
CV 16-64-H-DLC-JTJ
THOMAS EMIL SLIWINSKI,
Plaintiff,
ORDER
vs.
MIKE MURRY, SUSAN GOODGEISE, ANDY HUNTHAUSEN, LEO
BUTTON, SCOTT FURGERSON, and
LEWIS and CLARK COUNTY
DETENTION CENTER,
Defendants.
United States Magistrate Judge John T. Johnston entered an order and
findings and recommendations in this case on August 4, 2015, granting Plaintiff
Thomas Emil Sliwinski' s ("Sliwinski") motion to proceed in forma pauperis, but
recommending dismissal of Defendants Mike Murry, Susan Good-Geise, Andy
Hunthausen, Leo Button, Scott Furgerson, and Lewis and Clark County Detention
Center due to Sliwinski' s failure to make any allegations against them. Sliwinski
did not object to the order or to the findings and recommendations, and so waived
the right to a 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
-1-
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).
Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Johnston's conclusions regarding Sliwinski's pleading against
the above defendants.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 3) are ADOPTED IN FULL. Mike Murry, Susan GoodGeise, Andy Hunthausen, Leo Button, Scott Furgerson, and Lewis and Clark
County Detention Center are DISMISSED from this case.
IT IS FURTHER ORDERED that Sliwinski' s claims brought under Titles I,
III, and IV of the ADA fail to state claims upon which relief may be granted and
are DISMISSED.
DATED this
~day of October,
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?