Van Uden v. Solemenson et al

Filing 49

ORDER ADOPTING 46 FINDINGS AND RECOMMENDATIONS in full; granting 24 Motion for Summary Judgment. Janet Garcia and Jim Solemenson dismissed. Signed by Judge Brian Morris on 7/24/2019. Mailed to Van Uden (TAG)

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

HERMAN VAN UDEN,
CV 18–00069–H–BMM–JTJ
Plaintiff,
ORDER

vs.
ASSISTANT WARDEN JIM
SOLOMENSEN, DR. REES, and
INFIRMARY WORKER JANET
Defendants.

Plaintiff Herman Van Uden (“Uden”), a pro se prisoner proceeding without
counsel, filed a Complaint (Doc. 2) alleging that defendants Assistant Warden Jim
Solomensen (“Solomensen”), Dr. Rees (“Rees”), and Janet Garcia (“Garcia”)
denied him medical treatment. On January 11, 2019, defendants Solomensen and
Garcia filed a Motion for Summary Judgment. (Doc. 24.)
Magistrate Judge John Johnston entered his Order and Finding and
Recommendations in this matter on June 24, 2019. (Doc. 46.) Judge Johnston
determined that defendants Solomensen and Garcia have established that there is
no genuine dispute as to any material fact. Id. at 19. Judge Johnston recommended
that defendants Solomensen and Garcia’s motion for summary judgment be

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granted and that they be dismissed from this case. Id. Uden did not object to Judge
Johnston’s Findings and Recommendations.
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). The
Court finds no error in Judge Johnston’s Findings and Recommendations.
IT IS ORDERED that Judge Johnston’s Findings and Recommendations
(Doc. 42) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that defendants Solomensen and Garcia
DISMISSED from this action.

DATED this 24th day of July, 2019.

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