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Smith v. Godfrey, CV 18-150-GF-BMM-JTJ. (2019)

Court: District Court, D. Montana Number: infdco20190724b91 Visitors: 9
Filed: Jul. 23, 2019
Latest Update: Jul. 23, 2019
Summary: ORDER BRIAN MORRIS , District Judge . United States Magistrate Judge John Johnston entered his Findings and Recommendations in this case on April 24, 2019. (Doc. 25.) Judge Johnston recommended that Benjamin Karl Smith's Motion for Summary Judgment (Doc. 4) and Motion to Grant Motion for Summary Judgment (Doc. 21) be denied. Neither party filed objections to Judge Johnston's Findings and Recommendations. The parties have waived the right to de novo review thereof. 28 U.S.C. 636(b)(1)(C).
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ORDER

United States Magistrate Judge John Johnston entered his Findings and Recommendations in this case on April 24, 2019. (Doc. 25.) Judge Johnston recommended that Benjamin Karl Smith's Motion for Summary Judgment (Doc. 4) and Motion to Grant Motion for Summary Judgment (Doc. 21) be denied.

Neither party filed objections to Judge Johnston's 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." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000) (citations omitted). Reviewing for clear error and finding none,

IT IS ORDERED that Judge Johnston's Findings and Recommendations (Doc. 25) are ADOPTED IN FULL. Smith's Motion for Summary Judgment (Doc. 4) and Motion to Grant Motion for Summary Judgment (Doc. 21) are DENIED.

Source:  Leagle

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