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Nez Perce v. Hamilton

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION
Jul 6, 2020
CV 20-18-BU-BMM-KLD (D. Mont. Jul. 6, 2020)

Opinion

CV 20-18-BU-BMM-KLD

07-06-2020

JOSEPH DENNY NEZ PERCE, V, and FREDDIE GONZALES-VALENTINE, Plaintiffs, v. C. HAMILTON, B. HICKS, P. BROKER, S. NEAL, C. USHER, D. BURLEIGH, P. SMITH, GALLATIN COUNTY SHERIFF'S OFFICE, and GALLATIN COUNTY, MONTANA, Defendants.


ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS

United States Magistrate Judge Kathleen L. DeSoto entered her Findings and Recommendations in this case on June 17, 2020. (Doc. 5.) Judge DeSoto recommended that Plaintiffs' Motion to Dismiss (Doc. 4) be granted and that the matter be dismissed without prejudice.

Neither party filed objections to the Findings and Recommendations. The parties have waived the right to de novo review thereof. 28 U.S.C. § 636(b)(1)(C). Absent objection, this Court reviews findings and recommendations for clear error. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); Thomas v. Arn, 474 U.S. 140, 149 (1985). Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been committed." McMillan v. United States, 112 F.3d 1040, 1044 (9th Cir. 1997) (citations omitted). Reviewing for clear error and finding none,

IT IS ORDERED that Judge DeSoto's Findings and Recommendations (Doc. 5) are ADOPTED IN FULL. Plaintiffs' Motion to Dismiss (Doc. 4) is GRANTED. This matter is DISMISSED without prejudice. The Clerk of Court is directed to close this matter and enter judgment in favor of Defendants pursuant to Rule 58 of the Federal Rules of Civil Procedure.

DATED this 6th day of July, 2020.

/s/_________

Brian Morris, Chief District Judge

United States District Court


Summaries of

Nez Perce v. Hamilton

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION
Jul 6, 2020
CV 20-18-BU-BMM-KLD (D. Mont. Jul. 6, 2020)
Case details for

Nez Perce v. Hamilton

Case Details

Full title:JOSEPH DENNY NEZ PERCE, V, and FREDDIE GONZALES-VALENTINE, Plaintiffs, v…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BUTTE DIVISION

Date published: Jul 6, 2020

Citations

CV 20-18-BU-BMM-KLD (D. Mont. Jul. 6, 2020)