Gray v. Fletcher et al

Filing 79

ORDER ADOPTING 78 FINDINGS AND RECOMMENDATIONS; granting 60 Motion for Summary Judgment; granting 64 Motion for Summary Judgment; denying 76 Motion for Summary Judgment. Signed by Judge Brian Morris on 12/16/2019. Transmitted electronically to prison for delivery to Plaintiff. (TAG)

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

NEAL LEWIS GRAY,
CV 17–83–H–BMM–JTJ
Plaintiff,
vs.

ORDER

DAVID HARRIS and C/O HARDING,
Defendants.
United States Magistrate Judge John Johnston entered his Findings and
Recommendations in this case on November 7, 2019 (Doc. 78.) Judge Johnston
denied Plaintiff Neal Lewis Gray’s (“Gray”) Motion for Addium (Doc. 58),
Motion for Pre-Trial Order (Doc. 59), and Motion for Addendum (Doc. 74). Judge
Johnston recommended that Defendant Harding’s (“Harding”) Second Motion for
Summary Judgment based on Failure to Exhaust (Doc. 60) and Non-Procedural
Motion for Summary Judgment (Doc. 64) be granted. He also recommended that
Gray’s Brief in Support of a Summary Judgment in Favor of Plaintiff (Doc. 76) be
denied.
Neither party filed objections to the Findings and Recommendations. The
parties have thus waived the right to de novo review. 28 U.S.C. § 636(b)(1)(C).
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Absent objection, this Court reviews findings and recommendations for clear error.
United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc);
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). Reviewing
for clear error and finding none,
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 78) are ADOPTED IN FULL.
For the reasons set forth in Judge Johnston’s recommendations:
 Defendant Harding’s Second Motion for Summary Judgment based on
Failure to Exhaust (Doc. 60) is GRANTED;
 Defendant Harding’s Non-Procedural Motion for Summary Judgment
(Doc. 64) is GRANTED.
 Plaintiff Gray’s Brief in Support of a Summary Judgment in Favor of
Plaintiff (Doc. 76) is DENIED.
 The Clerk of Court is directed to close this matter and enter judgment
in favor of Defendants under Rule 58 of the Federal Rules of Civil
Procedure.

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DATED this 16th day of December, 2019.

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