Sanchez v. CFS Dept of Health & Human Services State of Montana

IN THE UNITED STATES DISTRICT COURT NOV 04 2019 FOR THE DISTRICT OF MONTANA Clerk, U S District Cour District Of Montana BILLINGS DIVISION Billings KRISSY SANCHEZ, CV 17-156-BLG-SPW Plaintiff, Vs. ORDER ADOPTING MAGISTRATE’S FINDINGS CIERRA RASH, et al., AND RECOMMENDATIONS Defendants.

The United States Magistrate Judge filed Findings and Recommendations on October 15, 2019. (Doc. 76). The Magistrate recommended granting Defendant Harrington’s motion for summary judgment, granting Defendant McCullough’s motion to dismiss, and denying Defendant Fridel’s motion for judgment on the pleadings. (Doc. 76 at 15).

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 Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate’s Findings and Recommendation 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 Recommendation, this Court does not find that the Magistrate committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 76) are ADOPTED IN FULL.

IT IS FURTHER ORDERED: 1. Harrington’s motion for summary judgment (Doc. 29) is GRANTED; 2. Defendant McCullough’s motion to dismiss (Doc. 46) is GRANTED; and 3. Fridel’s motion for judgment on the pleadings (Doc. 49) is DENIED.

. en DATED this ¥_ day of November, 2019.

/ ernie fl Wd SUSAN P. WATTERS United States District Judge