Sliwinski v. Fletcher et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 9 in full. Motion to Dismiss 8 granted. Signed by Judge Brian Morris on 7/23/2018. Mailed to Sliwinski (TAG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
THOMAS EMIL SLIWINSKI,
CV-18-18-H-BMM-JTJ
Plaintiffs,
v.
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS

MICHAEL FLETCHER, et al.,

Defendants.

Plaintiff Thomas Sliwinski filed his complaint on January 16, 2018. (Doc.
2.) Sliwinski moved to dismiss his complaint without prejudice on May 21, 2018.
(Doc. 8.)
United States Magistrate Judge John Johnston issued an Order and Findings
and Recommendations in this matter on May 22, 2018. (Doc. 9.) Judge Johnston
found that Sliwinski possessed and exercised his right to voluntarily dismiss his
complaint under Rule 41(a)(1) because Sliwinski had yet to serve Defendants. Id.
Judge Johnston recommended the Court grant Sliwinski’s Motion to Dismiss. Id. at
2.
No party filed objections to Judge Johnston’s Findings and
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Recommendation. The Court has thus 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 Recommendation, and adopts them in full.
ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings
and Recommendations (Doc. 9) is ADOPTED IN FULL.
IT IS FURTHER ORDERED that Plaintiff’s Motion to Dismiss (Doc. 8) is
GRANTED and this matter is DISMISSED WITHOUT PREJUDICE.
DATED this 23rd day of July, 2018.

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