Sanchez v. Captain Davis

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION DARRYL D. SANCHEZ, CV 23-99-BLG-SPW Plaintiff, vs. ORDER ADOPTING MAGISTRATE’S FINDINGS CAPTAIN DAVIS et al., AND RECOMMENDATIONS Defendants.

The United States Magistrate Judge filed Findings and Recommendations on March 11, 2025. (Doc. 7). The Magistrate recommended that Plaintiff's Complaint be dismissed without prejudice. (/d. at 3).

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. 7) are ADOPTED IN FULL.

IT IS FURTHER ORDERED that Plaintiff's Complaint be DISMISSED without prejudice fae DATED this 3/ day of March, 2025.

Le Cs t__ Zz ALE “ SUSAN P. WATTERS United States District Judge