Lewis v. Extradition Transport of America

Filing 41

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 40 in full. The Clerk of Court is directed to enter default judgment in favor of Stanford Allen Lewis, Jr. and against Extradition Transport o fAmerica in the amount of $75,000.00. Signed by Judge Donald W. Molloy on 2/5/2014. Mailed to Lewis. (TAG, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

STANFORD ALLEN LEWIS, JR.,

CV 13-138-M-DWM-JCL

Plaintiff,
vs.

ORDER

EXTRADITION TRANSPORT OF
AMERICA,
Defendant.

Findings and Recommendations of United States Magistrate Judge Jeremiah
C. Lynch (Doc. 40) are now before the Court. Judge Lynch's report presents his
findings on the merits of Plaintiff's Complaint and recommendation that default
judgment be entered for the Plaintiff in the amount of $75,000.00. (Id.)
Where no party objects, the Court reviews the findings and
recommendations 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).

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Judge Lynch's Findings and Recommendations are without clear error.
Lewis brings this case under 42 U.S.C. § 1983, asserting that Defendant
Extradition Transport of America violated his rights under the Eighth and
Fourteenth Amendments to the United States Constitution when he allegedly was
injured while in transport from Arizona to Montana in May 2013. (Doc. 2.) The
United States Marshals Service personally served Lewis' Complaint on
Extradition Transport Services on November 4,2013, (Doc. 21), but it failed to
file an answer or otherwise plead. Default was entered. (Doc. 26.) Judge Lynch
held a hearing on the matter of default judgment on January 9, 2014. (Doc. 31.)
Lewis appeared pro se and Extradition Transport Services did not appear. (Id.)
Judge Lynch found the Court to have both subject matter and personal jurisdiction
in this case and that the Plaintiff's allegations regarding liability, taken as true in
light of the Clerk's entry of default, are sufficient and entitle him to damages in
the amount of$75,000.00. (Doc. 40 at 5, 10.) The Court concurs with these
findings and recommendations.
IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc.
40) are ADOPTED IN FULL. The Clerk of Court is directed to enter default
judgment in favor of Stanford Allen Lewis, Jr. and against Extradition Transport
of America in the amount of$75,000.00.
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IT IS FURTHER ORDERED that the Clerk of Court shall mail two certified
copies of the judgment to Lewis and close this case.
DATED this

~day of February, 2014.

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