Campa v. Yellowstone County Detention Facility Nurse Staff

District Court, D. Montana

Campa v. Yellowstone County Detention Facility Nurse Staff

Trial Court Opinion

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

GILBERT CAMPA, CV 21-136-BLG-SPW Plaintiff, VS. ORDER ADOPTING MAGISTRATE’S FINDINGS CORRECTIONAL HEALTH AND RECOMMENDATIONS PARTNERS YELLOWSTONE COUNTY DETENTION FACILITY NURSE STAFF, Defendants.

The United States Magistrate Judge filed Findings and Recommendations on

June 28, 2022. (Doc. 36). The Magistrate recommended that Plaintiff's motion for preliminary injunction should be denied as moot and the action should be dismissed for failure to prosecute. (Doc. 36 at 3-4). 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. 36) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Plaintiff Gilbert Campa’s motion for preliminary injunction (Doc. 24) is DENIED AS MOOT. IT IS FURTHER ORDERED that this action is DISMISSED WITH PREJUDICE for failure to prosecute, pursuant to Fed. R. Civ. P. 41(b). IT IS FURTHER ORDERED that Defendants’ motion to dismiss (Doc. 34) is DENIED AS MOOT. The Clerk of Court is directed to enter, by separate document, a judgment of dismissal for failure to prosecute. The Court certifies that an appeal would not be taken in good faith.

DATED this 22 Say of July, 2022.

Bocce Lib ee. SUSAN P. WATTERS United States District Judge

Reference

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