Old-Horn v. Doyal et al

Filing 37

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 35 in full; granting 33 Motion to Dismiss. Defendants' request for costs is DENIED. Signed by Judge Dana L. Christensen on 8/30/2017. Mailed to Old-Horn (TAG)

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IN THE UNITED STATES DISTRICT COURT Cl!, '4f/r; Jo
FOR THE DISTRICT OF MONTANA
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MISSOULA DIVISION
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CLIFFORD D. OLD-HORN,

CV 16-99-M-DLC-JCL

Plaintiff,
ORDER
vs.
DETECTIVE MIKE SARGEANT,
DETECTIVE JAY DOYLE, and
COUNTY ATTORNEY MITCH
YOUNG,
Defendants.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendations on July 25, 2017, recommending granting Defendants' motion
to dismiss. Plaintiff Clifford D. Old-Hom ("Old-Hom") failed to timely object to
the Findings and Recommendations, 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 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). Because the

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parties are familiar with the facts of this case, they will not be repeated here.
Having reviewed the Findings and Recommendations, the Court finds no
clear error in Judge Lynch's conclusion that Defendants' motion should be granted
because it appears that this matter has settled. Because Old-Hom has failed to
update his address with the Court or otherwise contest Defendants' motion, the
Court will adopt the Findings and Recommendations.
Accordingly, there being no clear error in Judge Lynch's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendations (Doc. 35) is ADOPTED
IN FULL;
(2) Defendants' Motion to Dismiss (Doc. 33) is GRANTED and this matter
DISMISSED WITH PREJUDICE; and
(3) Defendants' request for costs is DENIED ..
Dated this

·~o '1ay of August, 2017.

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Dana L. Christensen, Chief Judge
United States District Court

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