Stone v. Linder

District Court, D. Montana

Stone v. Linder

Trial Court Opinion

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

CHAD STONE, CV-23-96-BLG-SPW-TJC Plaintiff, vs. ORDER ADOPTING MAGISTRATE’S FINDINGS MIKE LINDER, AND RECOMMENDATIONS Defendant.

The United States Magistrate Judge filed Findings and Recommendations on March 24, 2025. (Doc. 5). The Magistrate recommended that Plaintiff's Fourteenth Amendment and § 1983 claims be dismissed pursuant to Federal Rule of Civil Procedure 41(b). (/d. at 2-5). 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. 5) are ADOPTED in full.

IT IS FURTHER ORDERED that: l. Plaintiff's Fourteenth Amendment and § 1983 claims are

DISMISSED. Fed. R. Civ. P. 41(b). 2. The United States Marshal shall serve Plaintiff's Complaint and

summons. Fed. R. Civ. P. 4(c)(3). 3. The above-captioned case shall remain referred to United States Magistrate Judge Cavan who will conduct all necessary hearings and submit to the undersigned proposed findings of fact and recommendations for the disposition of all motions excepted from the

Magistrate Judge’s jurisdiction by

28 U.S.C. § 636

(b)(1)(A).

DATED this _//"day of April, 2025.

United States District Judge

Reference

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