Hartsoe v. State of Montana et al
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 83 Findings and Recommendations. Signed by Judge Dana L. Christensen on 8/17/2017. (APP) Copy mailed to parties
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 Order,
Findings and Recommendation on June 29, 2017, recommending that Plaintiff
John Hartsoe' s ("Hartsoe") claims against Defendants Sam and Barbara Marshall
be dismissed. Hartsoe failed to timely object to the Findings and
Recommendation, and so waived its 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 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) (citations omitted). Because the parties
are familiar with the facts of this case, they will not be repeated here.
Having reviewed the Findings and Recommendation, the Court finds no
clear error in Judge Lynch's conclusion that Hartsoe's claims against the
Marshalls should be dismissed. As discussed by Judge Lynch, Hartsoe's current
suit raises the same factual allegations as those brought in his prior federal case.
See Hartsoe v. Sam and Barbara Marshall, Cause No. CV 14-225-M-DLC (D.
Mont. September 16, 2014 ). Because both of these cases arise out of the same
nucleus of operative facts, his current claims against the Marshalls are barred by
the doctrine of res judicata and must be dismissed. Further, the Court agrees with
Judge Lynch that supplemental jurisdiction does not exist over Hartsoe's state law
claims because the claims against the Marshalls do not share a common nucleus of
operative facts with the federal claims brought against the remaining Defendants
in this matter. Thus, these state law claims are dismissed for lack of supplemental
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. 83) is ADOPTED
(2) Plaintiff John Hartsoe's federal claims against Defendants Sam and
Barbara Marshall are DISMISSED as barred by the doctrine of res judicata; and
(3) Plaintiff John Hartsoe' s independent state law claims against the
Marshalls are DISMISSED for lack of supplemental jurisdiction.
l ~~ay of August, 2017.
Dana L. Christensen, Chief Judge
United States District Court
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