Old-Horn v. Doyal et al

Filing 7

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 4 in full. Defendant State of Montana is DISMISSED from this case. Signed by Judge Dana L. Christensen on 10/7/2016. Mailed to Old-Horn. (TAG, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION CLIFFORD D. OLD-HORN, CV 16-99-M-DLC-JCL Plaintiff, ORDER vs. STATE OF MONTANA, DETECTIVE MIKE SARGEANT, DETECTIVE JAY DOYLE, and COUNTY ATTORNEY MITCH YOUNG, Defendants. United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendation on August 30, 2016, recommending dismissal of Defendant State of Montana from this suit. The parties failed to timely object to the Findings and Recommendation, and so waived their right to de novo review of the record. 28 U.S.C. ยง 636(b)(l)(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). -1- Having reviewed the Findings and Recommendation, the Court agrees with Judge Lynch that the State of Montana should be dismissed from this case due its immunity from suit under the Eleventh Amendment. There being no clear error in Judge Lynch's Findings and Recommendation, IT IS ORDERED that: (1) Judge Lynch's Findings and Recommendation (Doc. 4) are ADOPTED IN FULL. (2) Defendant State of Montana is DISMISSED from this case. ~ Dated this .1__ day of October, 2016. ~L.~ Dana L. Christensen, Chief Judge United States District Court -2-

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