Burd v. Dr. Kohut

Filing 64

ORDER ADOPTING 43 FINDINGS AND RECOMMENDATIONS in full; denying 10 Motion for Preliminary and Permanent Injunction. Defendants Mike Batista and Leroy Kirkegard are DISMISSED. Signed by Judge Dana L. Christensen on 8/7/2017. Mailed to Burd. (TAG)

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

AUG 0 7 2017
Clerk, U S District Court
District Of Montana
Missoula

CV 16-88-H-DLC-JTJ

SHANE LOUIS BURD,
Petitioner,

ORDER
vs.
DOCTOR KOHUT,
Respondent.
United States Magistrate Judge John T. Johnston entered his findings and
recommendations in this case on May 22, 201 7, recommending that Mike Batista
and Leroy Kirkegard be dismissed from this action, and that Petitioner Shane
Louis Burd's ("Burd") motion for a preliminary and permanent injunction be
denied. Burd failed to timely object to the findings and recommendations, and so
waived the right to de novo review of the record. 28 U.S.C. § 636(b)(l). The
Court will therefore review the record for clear error. McDonnell Douglas Corp.
v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
Judge Johnston found, and this Court agrees, that Mike Batista and Leroy
Kirkegard should be dismissed from this action. Further, this Court finds that
Burd failed to demonstrate that he is likely to succeed on the merits of his claims
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which would entitle him to a preliminary and permanent injunction.
Accordingly, IT IS ORDERED that Judge Johnston's findings and
recommendations (Doc. 43) are ADOPTED IN FULL. Defendants Mike Batista
and Leroy Kirkegard are DISMISSED. Plaintiffs motion for a preliminary and
permanent injunction is DENIED.
DATED this

~day of August, 2

7.

Dana L. Christensen, Chief Judge
United States District Court

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