Myers v. Fulbright et al

Filing 42

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and denying 13 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Donald W. Molloy on 2/28/2018. (APP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

FILED
FEB 28 2018
Clerk, U.S Courts
District Of Montana
Missoula Division

CV 17-59-M-DWM-JCL

ROBERT MYERS,
Plaintiff,

ORDER
vs.
WILLIAM E. FULBRIGHT, in his
official capacity as the County
Attorney for Ravalli County;
TIMOTHY C. FOX, in his official
capacity as Attorney General for the
State of Montana,
Defendants.

United States Magistrate Judge Lynch entered a Findings and
Recommendation on January 30, 2018, recommending the Court deny the
defendants' motion to dismiss this action for lack of standing pursuant to Federal
Rule of Civil Procedure 12(b)(l). (Doc. 38.) Because no objections were filed,
Judge Lynch's conclusions are reviewed for clear error. McDonnell Douglas
Corp. v. Commodore Bus. Mach. , Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear

error exists if the Court is left with a "definite and firm conviction that a mistake
has been committed." Concrete Pipe & Prods. of Cal. , Inc. v. Constr. Laborers

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Pension Trust for S. Cal., 508 U.S. 602, 623 (1993) (internal quotation marks

omitted). Judge Lynch did not clearly err in determining that Plaintiff Robert
Myers has Article III standing to bring both his as-applied and facial challenges to
Montana's criminal defamation statute, Mont. Code Ann.§ 45-8-212.
Accordingly, IT IS ORDERED that Judge Lynch's Findings and
Recommendation (Doc. 38) is ADOPTED-IN-FULL.
IT IS FURTHER ORDERED that the defendants' motion to dismiss (Doc.
13) is DENIED.

Dated this

~e:-ay of February, 2018.
olloy, District Judge
District Court

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