Christ v. State of Montana et al

Filing 25

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS - granting 9 Motion to Dismiss Clark and Paul. Signed by Judge Donald W. Molloy on 9/30/2013. (APP, ) Copy to Christ this date.

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

FILED

SEP 3,02013
Clerk, U.s

. .

Distnct o?~tnct Coun
MiSSOUI~ntana

CV 13-7S-M-DWM

JASON CHRIST,
Plaintiff,
vs.

ORDER

STATE OF MONTANA, CITY OF
MISSOULA POLICE
DEPARTMENT, OFFICE OF THE
PUBLIC DEFENDER, DETECTIVE
STACY LEAR, JUDGE KAREN
TOWNSEND, and MISSOULA
COUNTY DISTRICT ATTORNEYS
JENNIFER CLARK and ANDREW
PAUL,
Defendants.

This matter comes before the Court on a Motion to Dismiss pursuant to
Federal Rule of Civil Procedure 4(m) filed by Defendants Jennifer Clark and
Andrew Paul. (Doc. 9.) Plaintiff Jason Christ filed the Complaint giving rise
to this action, asserting claims under 42 U.S.C. § 1983. United States Magistrate
Judge Jeremiah C. Lynch entered Findings and a Recommendation on the pending
Motion on August 29,2013. Pursuant to 28 U.S.C. § 636(b)(1), objections to the
Findings and Recommendation entered by Judge Lynch were due by September
16,2013. No objections were filed.

The Court reviews the findings and recommendation of a United States
Magistrate Judge for clear error. McDonnell Douglas Corp. v. Commodore Bus.

Mach., Inc., 656 F.2d 1309,1313 (9th Cir. 1981). Clear error is present only 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).
After a review of Judge Lynch's Findings and Recommendation, I find no
clear error. Mr. Christ's claims against Ms. Clark and Mr. Paul are subject to
dismissal without prejudice, pursuant to Rule 4(m), for his failure to complete
proper serVIce.
Based on the foregoing, IT IS ORDERED that Judge Lynch's Findings and
Recommendations (doc. 20) are ADOPTED IN FULL. The Motion brought by
Ms. Clark and Mr. Paul (doc. 9) is GRANTED. Mr. Christ's claims against Ms.
Clark and Mr. Paul are hereby DISMISSED without prejudice.
DATED this :J;jfday of September 2013.

olloy, District Judge
District Court