Christ v. State of Montana et al

Filing 38

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 37 , GRANTING MOTION to Dismiss 34 filed by Jason Christ. Judge Jeremiah C. Lynch termed; case no longer referred. Claims against City of Missoula Police Department and Detective Lear are DISMISSED WITH PREJUDICE. Signed by Judge Donald W. Molloy on 12/30/2013. Copy mailed to Christ this date. (NOS, )

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

DEC 30 2013
Clerk, u.s District Court
District Of Montana
Missoula

CV 13-7S-M-DWM

JASON CHRIST,
Plaintiff,

ORDER

vs.
CITY OF MISSOULA POLICE
DEPARTMENT and DETECTIVE
STACY LEAR,
Defendants.

This matter comes before the Court on Findings and Recommendations of
United States Magistrate Judge Jeremiah C. Lynch. (Doc. 37.) Plaintiff Jason
Christ filed the Complaint giving rise to this action, asserting claims under 42
U.S.C. § 1983. (See Doc. 1.) Christ now moves to dismiss with prejudice the
remaining Defendants in this matter. (Doc. 34.) The City of Missoula Police
Department and Detective Lear stated they have no objection to Christ's Motion.
(Doc. 36.) United States Magistrate Judge Jeremiah C. Lynch entered Findings
and Recommendations regarding the Motion. (Doc. 37.) Pursuant to 28 U.S.C.

§ 636(b), objections to the Findings and Recommendations entered by Judge
Lynch may be filed until January 13,2014. There is no cognizable objection to
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the Findings and Recommendation now before the Court because all parties now
consent to dismissal with prejudice ofthe claims at issue.
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 ifthe
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. All parties have stipulated to dismissal with prejudice.
IT IS ORDERED that Judge Lynch's Findings and Recommendations,
(Doc. 37), are ADOPTED IN FULL. Christ's Motion to Dismiss with Prejudice,
(Doc. 34), is GRANTED. Christ's claims against the City of Missoula Police
Department and Detective Stacy Lear are hereby DISMISSED WITH
PREJUDICE.
IT IS FURTHER ORDERED that, all claims brought in the Complaint
having been dismissed, the Clerk of Court shall close this case.
DATED this..J:t!::day of December, 2013.

loy, District Judge
.strict Court
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