Cornell v. Missoula County et al

Filing 5

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 4 Order, Findings and Recommendations. IT IS HEREBY ORDERED that Judge Lynch's Findings and Recommendation (dkt #4) are adopted in full. This action is DISMISSED without leave to amend on the basis that it is clear the defects in Cornell's allegations could not be cured by any amended pleading. Signed by Judge Dana L. Christensen on 3/9/2012. (APP, ) Copy mailed to Cornell this date.

FILED

MAR 092012
PATRICK E. DUFFY. CLERK

8Y. oePUTY CLeRK, MISSOULA

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

TEURAY JERI CORNELL,

)
)
Plaintiff,
)
)
vs.
)
)
MISSOULA COUNTY, MISSOULA COUNTY )

COMMISSIONERS, STATE OF MONTANA,
)

ATIORNEY GENERAL OF THE STATE)

OF MONTANA, and MISSOULA COUNTY
)

SHERIFF,
)

)

Defendants.
)

CV 12-7-M-DLC-JCL

ORDER

---------------------------)
United States Magistrate Judge Jeremiah C. Lynch entered Findings and
Recommendation on January 26,2012, and recommended dismissing Plaintiff
Teuray Jeri Cornell's complaint because Cornell's allegations fail to state a claim
for relief against any of the named Defendants. Plaintiff did not timely object to
the Findings and Recommendation, and so has waived the right to de novo review
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ofthe record. 28 U.S.C. § 636(b)(I). This Court will review the Findings and
Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus.
Mach.. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is
left with a "definite and finn conviction that a mistake has been committed."
United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000).
Cornell seeks compensation for allegedly being unlawfully incarcerated for
four days at the Missoula County Jail. Judge Lynch found, even with liberal
construction, that Cornell's allegations fail to state a claim on which the Court
could grant relief under 42 U.S.C. § 1983. The record establishes that Cornell was
incarcerated based on the Justice Court's decision, not the conduct of any
Defendant named in this action. Additionally, Judge Lynch found, as a further
ground for dismissal, the State of Montana is immune from suit brought in federal
court under authority of the Eleventh Amendment to the United States
Constitution. After a review of Judge Lynch's Findings and Recommendation, I
find no clear error. Accordingly,
IT IS HEREBY ORDERED that Judge Lynch's Findings and
Recommendation (dkt #4) are adopted in fulL This action is DISMISSED without
leave to amend on the basis that it is clear the defects in Cornell's allegations
could not be cured by any amended pleading.
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DATED this

L~ day of March, 20

.

Dana L. Christensen, District Judge
United States District Court

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