Anderson v. Kohut

Filing 9

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 7 in full. This case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Dana L. Christensen on 8/30/2017. Mailed to Anderson (TAG)

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

MICHAEL HENRY ANDERSON,

AUG 3 0 2017
Clerk, U S District Court
District Of Montana
Missoula

CV 17-72-H-DLC-JTJ

Plaintiff,
ORDER
vs.
DR.KOHUT,
Defendant.

United States Magistrate Judge John T. Johnston entered Findings and
Recommendations in this case on August 3, 201 7, recommending that this matter
be dismissed without. Plaintiff Michael Henry Anderson ("Anderson") filed a
timely objection to the Findings and Recommendations, and so is entitled to a de
novo review of those findings and recommendations to which he specifically
objects. 28 U.S.C. § 636(b)(1 )(C). 1 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);

1

Anderson filed a letter on August 23, 2017. (Doc. 8.) Anderson requests that the Court
reopen this case because Dr. Kohut threatened him and denied him medical attention. The Court
will treat this letter as an objection.
-1-

Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists ifthe 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).
Judge Johnston concluded, and this Court agrees, that dismissal is
appropriate because Anderson has not shown that he is in imminent danger or
serious physical injury. Anderson's letter explains that he was threatened by Dr.
Kohut and that Dr. Kohut denied him medical care. However, that claim is
unsupported by any direct evidence. Furthermore, Anderson has already indicated
that he would dismiss this case. (Doc. 6.)
Accordingly, IT IS ORDERED that Judge Johnston's Findings and
Recommendations (Doc. 7) is ADOPTED IN FULL. This case is DISMISSED
WITHOUT PREJUDICE.

.

DATED this

30

u, of August, 2017.
day

Dana L. Christensen, Chief Judge
United States District Court

-2-