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)

Download PDF
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. ยง 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-

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?