Weeks v. Johnson et al
ORDER adopting Judge Lynch's Findings and Recommendations (Docs. 59, 60, 67) in full. (1) The City Defendants' Motion to Dismiss 10 is GRANTED without leave to amend. (2) Carter's Motion to Dismiss 34 is GRANTED. (3) Dial's Motion for Summary Judgment 43 is GRANTED. Signed by Judge Dana L. Christensen on 10/10/2017. (ASG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BRADLEY F. JOHNSON, BILL DIAL,
KRISTI CURTIS, KEVIN CONWAY,
SHANE ERICKSON, CHASE
GARNER, CHUCK STEARNS,
BRIDGER KELCH, JOHN MUHFELD,
BILL HILL, and BRIAN CARTER,
Before the Court are United States Magistrate Judge Jeremiah C. Lynch's
Findings and Recommendations in this case entered on July 26, 2017, July 27,
2017, and September 14, 2017. (Docs. 59, 60, 67.) Judge Lynch recommends
that: the Motion to Dismiss for Failure to State a Claim filed by Defendants
Bradley Johnson, Kristi Curtis, Kevin Conway, Shane Erickson, Chase Gamer,
Chuck Steams, Bridger Kelch and John Muhfeld ("City Defendants") (Doc. 10) be
granted; Defendant Brian Carter's ("Carter") Motion to Dismiss for Failure to
State a Claim (Doc. 34) be granted; and Defendant Bill Dial's ("Dial") Motion for
Summary Judgment be granted. Plaintiff Candi-Lee Weeks ("Weeks") filed a
timely objection to the Findings and Recommendations regarding the motions to
dismiss, and so is entitled to a de novo review of those findings and
recommendations to which she specifically objects. 28 U.S.C. § 636(b )(1 )(C).
Weeks did not timely object to the Findings and Recommendations regarding
Dial's Motion for Summary Judgment, however, this Court will treat it as if it was
timely filed and will review de novo. 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).
Judge Lynch concluded, and this Court agrees, that dismissal is appropriate
because Weeks has not stated a claim upon which relief could be granted or
presented a genuine issue of material fact. All of Weeks' objections and notices to
this Court following Judge Lynch's Findings and Recommendations do not raise
any new issues of law or fact to warrant allowing her claims to continue. The
arguments are incoherent, unpersuasive, and lack explanation. While Weeks'
objections present some law (e.g., The Magna Carta), she does not explain how
the law cited supports her position and the Court cannot discern a plausible
relevance for the cases cited.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendations (Docs. 59, 60, 67) are ADOPTED IN FULL.
The City Defendants' Motion to Dismiss (Doc. 10) is GRANTED
without leave to amend.
Carter's Motion to Dismiss (Doc. 34) is GRANTED.
Dial's Motion for Summary Judgment (Doc. 43) is GRANTED.
DATED this 10th day of October, 2017.
Dana L. Christensen, Chief istrict Judge
United States District Court
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