Hart v. Hudson
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Matter dismissed with prejudice. Signed by Judge Dana L. Christensen on 3/12/2018. (TAG) Modified on 3/12/2018 copy mailed to Hart (HEG).
MAR 12 2018
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
Clerk, U.S Courts
District Of Montana
JENNIFER HUDSON, and TANYA
United States Magistrate Judge John T. Johnston entered his Order and
Findings and Recommendations on February 6, 2018, recommending to dismiss
Plaintiff Strausie Hart's ("Hart") Complaint (Doc. 2) as barred by the statute of
Hart failed to timely object to the Findings and
Recommendations, and so waived the right to de novo review of the record.
U.S.C. § 636(b)(1 )(C).
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); 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).
Having reviewed the Findings and Recommendations, (Doc. 4), the Court
finds no clear error in Judge Johnston's conclusion that Hart's Complaint should
be dismissed because Hart failed to file the Complaint within the applicable statute
(Doc. 4 at 2.)
The statute of limitations for a claim arising under
42 U.S.C. § 1983 is determined by the state statute of limitations for personal
injury claims, Wilson v. Garcia, 471 U.S. 261, 276 (1985), which, in Montana, is
three years after the action accrues, Mont. Code Ann.§ 27-2-204(1).
the events alleged in the Complaint occurred in September of 2014, the statute of
limitations for the claims alleged against the Defendants in this matter concluded
in September of 2017.
Hart filed her Complaint on January 31, 2018.
Accordingly, there being no clear error in Judge Johnston's Findings and
Recommendation, IT IS ORDERED that:
(1) Judge Johnston's Findings and Recommendation (Doc. 4) is ADOPTED
(2) This matter is DISMISSED WIT
l'l.~day of March, 2
Dana L. Christensen, Chief Judge
United States District Court
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