Hartsoe v. State of Montana et al
ORDER ADOPTING 56 FINDINGS AND RECOMMENDATIONS in full; granting 36 Motion to Dismiss for Failure to State a Claim; granting 38 Motion to Dismiss for Failure to State a Claim; granting 40 Motion to Dismiss for Failure to State a Claim. Signed by Judge Dana L. Christensen on 3/13/2017. Mailed to Hartsoe (TAG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
STATE OF MONTANA, et al.,
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendation on January 6, 2017, recommending granting Defendants'
Motions to Dismiss Defendants State District Judges James Manley and Loren
Tucker, as well as Montana Supreme Court Chief Justice Mike McGrath. Plaintiff
John Hartsoe ("Hartsoe") failed to timely object to the Findings and
Recommendation, and so waived his right to de novo review of the record. 28
U.S.C. § 636(b)( 1)(C). This Court reviews for clear error those findings and
recommendations to which no party objects. See McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v.
Arn, 474 U.S. 140, 149 (1985). Clear error exists 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) (citations omitted).
Having reviewed the Findings and Recommendation, the Court finds no
clear error in Judge Lynch's conclusion that Justice Mike McGrath and Judges
James Manley and Loren Tucker should be dismissed from this suit. The Court
agrees that Hartsoe's claims against Justice McGrath and Judge Manley must be
dismissed due to their judicial immunity from suit. Further, the Court finds no
error in Judge Lynch's recommendation to dismiss Judge Tucker from this
litigation due to the doctrine of res judicata. See Hartsoe v. Doyle, et al., CV
14-63-H-DLC-JTJ, 2015 WL 2095657 (D. Mont. May 5, 2015), appeal dismissed
(Aug. 28, 2015) (Court dismissed Judge Tucker due his judicial immunity).
Accordingly, there being no clear error in Judge Lynch's Findings and
Recommendation, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendation (Doc. 56) are ADOPTED
(2) Defendants Manley, McGrath, and Tucker's Fed. R. Civ. P. 12(b)(6)
motions to dismiss (Docs. 36, 38, 40) are GRANTED; and
(3) PlaintiffHartsoe's claims against Defendants Manley, McGrath, and
Tucker are DISMISSED
t3~day ofMarch, 2017.
Dana L. Christensen, Chief Jud e
United States District Court
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