Gray v. Fletcher et al

Filing 43

ORDER ADOPTING 7 FINDINGS AND RECOMMENDATIONS in full. Defendants Bostwick, Krogstad, Ivie, Zuber, Wilson, Beeson, Reich, Daniels, and Fletcher are DISMISSED. Signed by Judge Brian Morris on 11/20/2018. Mailed to Gray (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
NEAL LEWIS GRAY,
CV-17-83-H-BMM-JTJ
Plaintiff,
v.
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

WARDEN MICHEAL FLETCHER,
A.W. WILSON, A.W. BEESON,
CAPTAIN ZUBER, MARISA
BOSTWICK, ANNA KROGSTAD,
DAVID HARRIS, C/O HARDING,
AMIE DANIALS, and KARLA IVIE,
Defendants.

United States Magistrate Judge Johnston entered Findings and
Recommendations on January 31, 2018. (Doc. 7). Plaintiff Neal Gray filed a
Complaint alleging Defendants retaliated against him in violation of the First
Amendment to the United States Constitution. (Doc. 2). Mr. Gray’s filings have
been screened in accordance with 28 U.S.C. §§ 1915, 1915A. Judge Johnston
determined that Mr. Gray’s First Amendment retaliation claims are sufficient to
state a claim against Defendants Harris and Harding. Id. at 8. Judge Johnston
further determined that Mr. Gray’s claims against Defendants Bostwick, Krogstad,
Ivie, Zuber, Wilson, Beeson, Reich, Daniels, and Fletcher should be dismissed for
failure to state a claim. Id.
No party filed objections to Judge Johnston’s Findings and
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Recommendations. The Court has reviewed the Findings and Recommendation for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Johnston’s Findings
and Recommendations and adopts them in full.
ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 7) are ADOPTED IN FULL.
IT IS ORDERED that Defendants Bostwick, Krogstad, Ivie, Zuber, Wilson,
Beeson, Reich, Daniels, and Fletcher are DISMISSED.
DATED this 20th day of November, 2018.

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