Sliwinski v. Salmonson et al

Filing 122

ORDER DISMISSING CASE. Motion for Summary Judgment 106 GRANTED. Motion for Summary Judgment 64 DENIED as MOOT. Motion for a Temporary Restraining Order and Preliminary Injunction 120 DENIED. Any appeal of this decision would not be taken in good faith. Signed by Judge Brian Morris on 11/16/2020. Transmitted electronically to prison for delivery to Plaintiff. (TAG)

Case 6:18-cv-00082-BMM Document 122 Filed 11/16/20 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
THOMAS EMIL SLIWINSKI,
Plaintiff,
vs.

CV-18-82-H-BMM-JTJ
ORDER

JAMES SALMONSON, REGINALD
MICHAEL, PAUL REES, CINDY HINER,
CONNIE WINNER, and UNKNOWN
MEDICAL PERSONNEL,
Defendants.

INTRODUCTION
Plaintiff Thomas Sliwinski (“Plaintiff”) initiated this action against the
above-named Defendants on August 1, 2018. (Docs. 1, 2). The Court presently has
the following three pending motions before it: (1) Defendants’ Motion for
Summary Judgment (Doc. 64); (2) Defendants’ Supplemental Motion for
Summary Judgment (Doc. 106); and (3) Plaintiff’s Motion for Temporary

Case 6:18-cv-00082-BMM Document 122 Filed 11/16/20 Page 2 of 3

Restraining Order and Preliminary Injunction (Doc. 120). United States Magistrate
Judge John Johnston reviewed the motions and issued Findings and
Recommendations on October 29, 2020. (Doc. 121). Judge Johnston found that res
judicata bars Plaintiff’s claims. Id. at 1. Judge Johnston recommended that this
Court grant Defendants’ Supplemental Motion for Summary Judgment (Doc. 106),
deny all other pending motions, and dismiss this matter.
No party has filed objections to the Findings and Recommendations. The
Court has reviewed Judge Johnston’s Findings and Recommendations 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:
1.

Defendants’ Supplemental Motion for Summary Judgment (Doc. 106)

is GRANTED.
2.

Defendants’ original Motion for Summary Judgment (Doc. 64) is

DENIED as MOOT.
3.

Plaintiff’s Motion for a Temporary Restraining Order and Preliminary

Injunction (Doc. 120) is DENIED.

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Case 6:18-cv-00082-BMM Document 122 Filed 11/16/20 Page 3 of 3

4.

The Clerk of Court is directed to enter judgment in favor of

Defendants and close this matter.
5.

The Clerk of Court is directed to have the docket reflect that the Court

certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure
that any appeal of this decision would not be taken in good faith.
Dated this 16th day of November, 2020.

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