Brandon v. Dr. Kohut et al

Filing 9

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. Findings and Recommendations. This case is DISMISSED WITH PREJUDICE. Any appeal of this decision would not be taken in good faith. Signed by Judge Dana L. Christensen on 6/22/2017. Mailed to Brandon. (TAG)

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INTHEUNITEDSTATESDISTRICTCOURT
FOR THE DISTRICT OF MONTANA
JUN 2 l
HELENA DIVISION
Cter1c
2017
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""lfSfrict Of tstrict Cou
Miss 0~~ntana

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CV 16-68-H-DLC-JTJ

IAN BRANDON,
Plaintiff,

ORDER
vs.
DR.KOHUT,
Defendant.
United States Magistrate Judge John T. Johnston entered findings and
recommendations in this case on May 19, 2017, recommending that Plaintiff Ian
Brandon's ("Brandon") Complaint be dismissed with prejudice for failure to state
a claim. Brandon did not object to the findings and recommendations, and so has
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 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).
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Having reviewed the findings and recommendations, the Court finds no
clear error in Judge Johnston's conclusion that Brandon has failed to state a claim
upon which relief may be granted.
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 8) are ADOPTED IN FULL. This case is DISMISSED
WITH PREJUDICE.
IT IS FURTHER ORDERED that the Clerk of Court shall CLOSE this
matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil
Procedure. The Clerk of Court is also directed to have the docket reflect that the
Court certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate
Procedure that any appeal of this decision would not be taken in good faith.
DATED this

l'l.~ay of June, 2017

Dana L. Christensen, Chief Judge
United States District Court

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