Plantiko v. Johnson et al

Filing 14

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 12 in full. Defendants Heather Smith, Megan Coy, D.O.C., Loraine Wodnik, and Steve Bullock are DISMISSED. Signed by Judge Dana L. Christensen on 11/16/2017. Mailed to Plantiko (TAG)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION TRAVIS CLINTON RHETT PLANTIKO, ORDER Plaintiff, vs. MARC JOHNSON, HEATHER SMITH, MEGAN COY, and D.O.C., Defendants. United States Magistrate Judge Jeremiah C. Lynch entered his Order and Findings and Recommendations in this case on October 18, 2017, recommending dismissal of specific defendants. (Doc. 12 at 3.) Plaintiff Travis Clinton Rhett Plantiko did not timely object to the Findings and Recommendations, and so has waived the right to de novo review thereof. 28 U.S.C. ยง 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) -1- (citations omitted). After reviewing the record and finding no clear error, IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 12) are ADOPTED IN FULL. Defendants Heather Smith, Megan Coy, D.O.C., Loraine Wodnik, and Steve Bullock are DISMISSED. DATED this ('-~day ofNovember 017. Dana L. Christensen, Chief Judge United States District Court -2-

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