Cowan v. State of Montana, Government, and Departments et al

Filing 9

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Signed by Judge Dana L. Christensen on 10/1/2012. (APP, ) Copy mailed to Pltf this date.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

)
)

)

)

)
)
)
)
)
)
)

SHAWN RYAN COWAN,
Plaintiff,
vs.
STATE OF MONTANA,
GOVERNMENT, and
DEPARTMENTS thereof,
Defendants.

CV 12-10S-M-DLC-JCL

ORDER

FILED
OCT 01 2012
PATRICK E DUFFY. ClERK
By
"IlEPUTY<:iiOi;:V;;C\."'E;;:;.R;;-K7,;Ml""SSO\JLl\=:-:-­
.

-----------------------)
United States Magistrate Judge Jeremiah C. Lynch entered Findings and
Recommendation on August 10, 2012, and recommended dismissing Defendants
State of Montana, "Government", and "Departments thereof." Plaintiff did not
timely object to the Findings and Recommendation, and so has waived the right to
de novo review of the record. 28 U.S.C. § 636(bXl). This Court will review the
Findings and Recommendation for clear error. McDonnell Douglas Com. 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 firm conviction that a mistake has
·1·

been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000).
Cowan commenced this action seeking relief from outrageous and unfair
treatment by employees of the State of Montana in violation of various rights
afforded by the federal constitution and the Montana Constitution. He alleges he
has been harassed and abused in the criminal justice system in Montana beginning
as far back as 1992. Judge Lynch found that Cowan's allegations do not constitute
a short and plain statement of the basic facts and grounds showing he is entitled to
relief. He concluded that Cowan's Complaint, as presently pled, is subject to
dismissal for failure to state a claim on which relief could be granted. Further,
Judge Lynch afforded Cowan an opportunity to file an amended complaint. 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 (doc. 7) are adopted in full. Defendants State of Montana,
"Government", and "Departments thereof' are DISMISSED.

4t

DATED this _-day of October, 2 12.
\

Dana L. Christensen, District Judge
United States District Court
-2­