Fink v. State of Montana
Fink v. State of Montana
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION
CHRIS STEVEN FINK, CV 21-70-BLG-SPW Plaintiff, VS. ORDER ADOPTING MAGISTRATE’S FINDINGS STATE OF MONTANA DOES (1-6), AND RECOMMENDATIONS Defendants.
The United States Magistrate Judge filed Findings and Recommendations on July 28, 2022. (Doc. 31). The Magistrate recommended that Fink’s complaint be dismissed for failure to state a claim. (Doc. 31 at 1). 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. 31) are ADOPTED IN FULL.
IT IS FURTHER ORDERED that Plaintiff Fink’s complaint is DISMISSED
for failure to state a claim. IT IS FURTHER ORDERED that all pending motions are DENIED AS
MOOT. The Clerk of Court is directed to close this matter and enter judgment pursuant to
Rule 58 of the Federal Rules of Civil Procedure. The Clerk of Court is further 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.
fA DATED this /£ day of August, 2022.
ZL heehee: ~ SUSAN P. WATTERS United States District Judge
Reference
- Status
- Unknown