Clouse v. Alternatives Inc.

District Court, D. Montana

Clouse v. Alternatives Inc.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT E L FOR THE DISTRICT OF MONTANA E □□ BILLINGS DIVISION NOV 14 amg Clerk, US District Cor District □□ Montana BRETT WADE CLOUSE, ° CV 19-78-BLG-SPW Plaintiff, VS. ORDER ADOPTING MAGISTRATE’S FINDINGS ALTERNATIVES INC., DAVID O. AND RECOMMENDATIONS ARMSTRONG, BETTY ANN ROAN, - and LORETTA WILLEMS, Defendants.

The United States Magistrate Judge filed Findings and Recommendations on October 22, 2019. (Doc. 5). The Magistrate recommended the complaint be dismissed and judgment entered in the Defendants’ favor. (Doc. 5 at 8-9), 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. 5) are ADOPTED IN FULL. IT IS FURTHER ORDERED: 1. Mr. Clouse’s Complaint is DISMISSED. 2. The Clerk of Court is directed to close this matter and enter judgment in favor of Defendants pursuant to Rule 58 of the Federal Rules of Civil Procedure. 3. The Clerk of Court is directed to have the docket reflect that the Court certifies pursuant to Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure that any appeal of this decision would not be taken in good faith. No reasonable person could suppose an appeal would have merit. The record makes plain the Complaint lacks arguable substance in law or fact.

DATED this_/2day of November, 2019.

□□ tet te tie. SUSAN P. WATTERS United States District Judge

Reference

Status
Unknown