Smith v. Carter

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

JACOB SMITH, CV 20-00018-H-BMM-JTJ Plaintiff, vs. ORDER ANNETTE CARTER, BRAD NEWMAN, KRISTINA LUCERO, RONALD BELL, and RENEE BAUER, Defendants.

United States Magistrate Judge John Johnston entered his Findings and Recommendations in this case on August 12, 2020 (Doc. 12.) Judge Johnston recommended that Defendants Annette Carter, Brad Newman, Kristina Lucero, Ronald Bell, Renee Bauer, the Montana Board of Pardons and Parole and its members, and the Montana Department of Corrections should be DISMISSED.

Neither party filed objections to the Findings and Recommendations. The parties have waived the right to de novo review thereof. 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 banc); Thomas v. Arn, 474 U.S. 140, 149 (1985). 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) (citations omitted). Reviewing for clear error and finding none, IT IS ORDERED that Judge Johnston’s Findings and Recommendations (Doc. 12) are ADOPTED IN FULL. Annette Carter, Brad Newman, Kristina Lucero, Ronald Bell, Renee Bauer, the Montana Board of Pardons and Parole and its members, and the Montana Department of Corrections are DISMISSED.

DATED this 31st day of August, 2020.

/ i □□ COV / | yy Brian Morris, Chief District Judge United States District Court