Chyatte v. Missoula County et al

Filing 23

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Defendants City of Missoula, Missoula County Sheriffs Department, Sheriff Carl Ibsen, Missoula County Detention Facility, Chief Detention Officer Foss, Sgt. Roney, and Jon Does 1-20 as lis ted in the original complaint are DISMISSED. Chyatte's Equal Protection, Fourth Amendment, and Eighth Amendment claims as listed in the original complaint are DISMISSED. Signed by Judge Donald W. Molloy on 10/30/2014. Mailed to Chyatte. (TAG, )

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

,OCT 30 2014
Clerk.. u.s District Court

District Of Montana

Missoula

CV 13-174-M-DWM-JCL

DOUGLAS JOSEPH CHYATTE,
Plaintiff,
vs.

ORDER

MISSOULA COUNTY, et aI.,
Defendants.

Plaintiff Douglas Chyatte, appearing pro se, alleges Defendants violated his
rights under the Americans with Disabilities Act, the United States Constitution,
and the Montana Constitution while he was incarcerated at the Missoula County
Detention Facility. (Complaint, Doc. 2.) Pursuant to Magistrate Judge Jeremiah
Lynch's January 28, 2014 Order, (Doc. 6), Chyatte filed an Amended Complaint,
(Doc. 9). Judge Lynch entered Findings and Recommendations recommending
that Defendants City of Missoula, Missoula County Sheriffs Department, Sheriff
Carl Ibsen, Missoula County Detention Facility, Chief Detention Officer Foss, Sgt.
Roney, and Jon Does 1-20, and Chyatte's Equal Protection, Fourth Amendment,
and Eighth Amendment claims listed in the original complaint be dismissed.
(Doc. 10.) Chyatte has not filed objections to Judge Lynch's Findings and
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Recommendations.
The court reviews findings and recommendations on nondispositive motions
for clear error. 28 U.S.C. § 636(b)(1 )(A); McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). On
dispositive motions, the parties are entitled to de novo review of the specified
findings or recommendations to which they object, 28 U.S.C. § 636(b)(1);
McDonnell Douglas Corp., 656 F.2d at 1313, and where there are no objections,
the court is to give the level of consideration it deems appropriate, Thomas v. Arn,
474 U.S. 140, 150 (1985) ("It does not appear that Congress intended to require
district court review of a magistrate's factual or legal conclusions, under a de novo
or any other standard, when neither party objects to those findings."). This Court
reviews for clear error. Clear error exists 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).
The Court finds no clear error with Judge Lynch's determination that
Defendants City of Missoula, Missoula County Sheriffs Department, Sheriff Carl
Ibsen, Missoula County Detention Facility, Chief Detention Officer Foss, Sgt.
Roney, and Jon Does 1-20 should be dismissed because Chyatte did not name
them in the Amended Complaint. (See Doc. 9 at 3-4.) The Court also finds no
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clear error with Judge Lynch's determination that Chyatte's Equal Protection,
Fourth Amendment, and Eighth Amendment claims should be dismissed because
Chyatte did not address them in the Amended Complaint and for the reasons set
forth in Judge Lynch's January 28,2014 Order. (See Docs. 6, 9.)
Accordingly, IT IS ORDERED that the Findings and Recommendations
(Doc. 10) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Defendants City of Missoula, Missoula
County Sheriffs Department, Sheriff Carl Ibsen, Missoula County Detention
Facility, Chief Detention Officer Foss, Sgt. Roney, and Jon Does 1-20 as listed in
the original complaint are DISMISSED.
IT IS FURTHER ORDERED that Chyatte's Equal Protection, Fourth
Amendment, and Eighth Amendment claims as listed in the original complaint are
DISMISSED.
DATED this .JI:day of October, 2014.

Hoy, District Judge
istrict Court

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