Valles v. Benefis Health System

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA GREAT FALLS DIVISION ROSE MARIE BUTTERFLY, JOY LYNN VALLES, and AMANDA CV-19-23-GF-BMM-JTJ LARSEN, Plaintiffs, ORDER ADOPTING MAGISTRATE v. JUDGE’S FINDINGS AND RECOMMENDATIONS BENEFIS HEALTH SYSTEM, et al., Defendants.

Plaintiff Rose Marie Butterfly (“Butterfly”) moved to dismiss all of her claims in this matter given that they overlap with the claims she has asserted in the related case (CV-18-96). (Doc. 7 at 1).

Magistrate Judge Johnston entered Findings and Recommendations on May 28, 2019. Id. Judge Johnston recommends that Butterfly’s motion to dismiss be granted. Id. No party filed objections to Judge Johnston’s Findings and Recommendations. The Court has reviewed Judge Johnston’s Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus.

Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Johnston’s Findings and Recommendations and adopts them in full.

ORDER Accordingly, IT IS ORDERED that Magistrate Judge Johnston’s Findings and Recommendations (Doc. 7) are ADOPTED IN FULL.

IT IS ORDERED that Butterfly’s oral Motion to Dismiss is GRANTED.

IT IS ORDERED that Butterfly’s claims in this action (CV-19-23) are DISMISSED without prejudice.

DATED this 25th day of July, 2019.

ao i. □ .

Brian Morris United States District Court Judge