Ball v. Johnson et al

Filing 13

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Claims dismissed as described; Defendants Cobban, Kling, Redfern, and Kremer DISMISSED. Signed by Judge Dana L. Christensen on 11/16/2017. Mailed to Ball. (TAG)

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

JAMES E. BALL,
Plaintiff,
ORDER
vs.
CORRECTIONAL OFFICER DAN
JOHNSON, et al.,
Defendants.
United States Magistrate Judge John Johnston entered his Order and
Findings and Recommendations in this case on October 16, 2017, recommending
dismissal of specific claims and defendants. (Doc. 10 at 5.) Plaintiff James E.
Ball ("Ball") did not timely 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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After reviewing the record and finding no clear error,
IT IS ORDERED that Judge Johnston's Findings and Recommendations
(Doc. 10) are ADOPTED IN FULL. The following claims are DISMISSED for
failure to state a claim upon which relief may be granted:
(1)

Ball's deliberate indifference claim against Defendant Johnson
(Claim 1);

(2)

Ball's claims of threats and verbal harassment by Defendant Ross
(Claim 2);

(3)

Ball's denial of access to the courts claims (Claims 4 and 7);

(4)

Ball's due process claims (Claim 5); and

(5)

Ball's sexual assault claim (Claim 6).

IT IS FURTHER ORDERED that Defendants Cobban, Kling, Redfern, and
Kremer are DISMISSED.
DATED this

I'#.day of November

Dana L. Christensen, Chief Judge
United States District Court

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