Griffin v. Linder et al

Filing 10

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. Defendants Morrison, Askvig, Sullivan, Lako, Smith, and Middletown are DISMISSED WITHOUT PREJUDICE. Signed by Judge Dana L. Christensen on 3/3/2015. Mailed to Griffin. (TAG, )

FILED
MAR 0 3 W15
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

Clerk, U.S. District Court
District Of Montana
Missoula

CV 14-228-M-DLC-JCL

ROBERT H. GRIFFIN, JR.,
Plaintiff,

ORDER
vs.
DAN LINDER, ALAN BROOKS,
DANNY THOMPSON, ERIC
MORRISON, MARK ASKVIG,
PAULA SULLIVAN, JARED LAKO,
JUSTIN SMITH, and BRYCE
MIDDLETON,
Defendants.
United States Magistrate Judge Jeremiah C. Lynch entered his order,
findings, and recommendations in this case on February 5, 2015, recommending
that Plaintiff Griffin's Complaint be dismissed as to some of the defendants and
served on others. Griffin failed to timely object to the findings and
recommendations, and so waived the right to de nova review of the record. 28
U.S.C. § 636(b )(1 ). The Court will therefore review the record for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981). The Court adopts Judge Lynch's findings and recommendations

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in full.
Judge Lynch found, and this Court agrees, that Griffin fails to allege any
facts implicating Defendants Morrison, Askvig, Sullivan, Lako, Smith, and
Middletown, and that therefore his Complaint should be dismissed without
prejudice as to those individuals. The Complaint does allege facts implicating
Defendants Linder, Brooks, and Thompson, and Judge Lynch accordingly ordered
that they respond to the Complaint. Judge Lynch's order, findings, and
recommendations are entirely consistent with Rule 8 of the Federal Rules of Civil
Procedure and 28 U.S.C. § 1915.
IT IS ORDERED that Judge Lynch's findings and recommendations
(Doc. 8) are ADOPTED IN FULL. Defendants Morrison, Askvig, Sullivan, Lako,
Smith, and Middletown are DISMISSED WITHOUT PREJUDICE. This action
remains pending against Defendants Linder, Brooks, and Thompson.
DATED this

~~J day of March, 20

Dana L. Christensen, Chief Ju ge
United States District Court

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