Martinez v. Correctional Health Partners

Opinion

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

JOSE MARTINEZ, JR., CV 19-93-BLG-SPW Plaintiff, VS. ORDER ADOPTING . MAGISTRATE’S FINDINGS CORRECTIONAL HEALTH AND PARTNERS, et al., RECOMMENDATIONS Defendants.

The United States Magistrate Judge filed Findings and Recommendations on April 23, 2020. (Doc. 8.) The Magistrate recommended dismissing C.O. Miller as a Defendant. (/d. at 1-2.) Pursuant to 28 U.S.C. § 636(b)(1), parties are required to file written objections within 14 days of the filing of the Magistrate’s Findings and Recommendations. Federal Rule of Civil Procedure 6(d) extends that period by 3 days when a party is served by mail. No objections were filed. When neither party. objects, this Court reviews the Magistrate’s Findings and Recommendations 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.” United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this Court does not find that the Magistrate committed clear error. Plaintiff did not name C.O. Miller

as a Defendant or raise any allegations against him in Plaintiff's Amended Complaint. Accordingly, IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 8) are ADOPTED IN FULL. IT IS FURTHER ORDERED that C.O. Miller is DISMISSED as a Defendant in this action.

DATED this /~ ‘tay of June, 2020.

Lyrcen ie bile thin. SUSAN P. WATTERS United States District Judge