Wick v. Missoula County et al

Filing 15

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 10 in full. Missoula County, Sheriff McDermott, the State of Montana, and Mark Kittleson are DISMISSED. Signed by Judge Dana L. Christensen on 7/12/2018. Mailed to Wick (TAG)

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

RANDY BRYANT WICK,
CV 17-147-M-DLC-JCL
Plaintiff,
vs.

ORDER

MISSOULA COUNTY, et al.,
Defendants.
United States Magistrate Judge Jeremiah C. Lynch entered his Order and
Findings and Recommendations in this case on June 4, 2018, recommending that
Defendants Missoula County, Sheriff McDermott, the State of Montana, and Mark
Kittleson should be dismissed. (Doc. 10 at 5.) Plaintiff Randy Bryant Wick
("Wick") timely filed an objection on June 11, 2018. (Doc. 11.) Consequently,
Wick is entitled to de novo review of those findings and recommendations to
which he has specifically objected. 28 U.S.C. § 636(b )(1 )(C). Absent objection,
this Court reviews findings and recommendations for clear error. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane); 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

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F .3d 422, 427 (9th Cir. 2000) (citations omitted). "A party makes a proper
objection by identifying the parts of the magistrate's disposition that the party finds
objectionable and presenting legal argument and supporting authority, such that the
district court is able to identify the issues and the reasons supporting a contrary
result." Montana Shooting Sports Ass 'n v. Holder, 2010 WL 4102940, at *2 (D.
Mont. Oct. 18, 2010) (citation omitted).
Judge Lynch concluded, and this Court agrees, that Wick failed to either
name or make specific allegations against the Defendants recommended for
dismissal. (Doc. 10 at 2.) Wick's objection is improper because it fails to present
legal argument and supporting authority. Wick having failed to properly object to
any of Judge Lynch's Findings and Recommendations, this Court reviews the
record for clear error. L.R. 72.3(a); see also McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Finding none,

IT IS ORDERED that Judge Lynch's Findings and Recommendations (Doc.
10) are ADOPTED IN FULL. Missoula County, Sheriff McDermott, the State of
Montana, and Mark Kittleson are hereby DISMISSED.

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~ay of July, 2018.

DATED this l 1'

Dana L. Christensen, Chief Judge
United States District Court

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