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

District Court, D. Montana

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

Trial Court Opinion

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

KRISSY SANCHEZ, CV 17-156-BLG-SPW Plaintiff, vs. ORDER ADOPTING MAGISTRATE’S FINDINGS CIERRA RUSH, et al., AND RECOMMENDATIONS Defendants.

The United States Magistrate Judge filed Findings and Recommendations on March 1, 2021. (Doc. 160). The Magistrate recommended that Defendant Chris Friedel’s Motion for Summary Judgment (Doc. 109) be granted; that Defendants Friedel’s, Cunningham’s, Lauwers’, Linder’s, McCave’s, Taylor’s, and Yellowstone County’s Motions for Summary Judgment (Docs. 119, 127, 129, 131, 133, 135) be granted; and that Defendants Anthony’s, Ellerbee’s, Fitch’s, Hogan’s, Johnson’s, Kirby’s, Larson’s, Rash’s, and Weber’s Motion for Summary Judgment (Doc. 116) be granted. (Doc. 160 at 38). 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. 160) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendant Chris Friedel’s Motion for Summary Judgment (Doc. 109) is GRANTED. IT IS FURTHER ORDERED that Defendants Friedel’s, Cunningham’s, Lauwers’, Linder’s, McCave’s, Taylor’s, and Yellowstone County’s Motions for Summary Judgment (Docs. 119, 127, 129, 131, 133, 135) are GRANTED. IT IS FURTHER ORDERED that Defendants Anthony’s, Ellerbee’s, Fitch’s, Hogan’s, Johnson’s, Kirby’s, Larson’s, Rash’s, and Weber’s Motion for Summary Judgment (Doc. 116) is GRANTED. IT IS FURTHER ORDERED that Defendants Neil Friedel, Rich Friedel, Douglas Friedel, and Steve Bullock are DISMISSED. All Claims having been addressed, the Clerk of Court is directed to enter, by a separate document, judgment in favor of all Defendants and against Plaintiff.

Because Sanchez fails to prove the existence of a clearly established right and/or fails to provide any evidence supporting her allegations, the Court certifies, pursuant to Federal Rule of Appellate Procedure 24(a)(3)(A), that any appeal from its disposition will not be taken in good faith.

ft DATED this_/7day of March, 2021.

Ac tht. SUSAN P. WATTERS United States District Judge

Reference

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