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Bailey v. Batista, CV-16-22-GF-BMM-JTJ. (2019)

Court: District Court, D. Montana Number: infdco20190312b00 Visitors: 6
Filed: Mar. 11, 2019
Latest Update: Mar. 11, 2019
Summary: ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS BRIAN MORRIS , District Judge . Plaintiff Bailey originally filed an Amended Complaint, Second Amended Complaint, Third Amended Complaint, Fourth Amended Complaint, as well as supplements to these complaints, in which he advanced various constitutional claims. (Docs. 9, 13, 16, 17, 19, 20, and 21). The Court dismissed all of Bailey's claims except a portion of Bailey's Equal Protection claim, in which he asserted that his rights
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ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS

Plaintiff Bailey originally filed an Amended Complaint, Second Amended Complaint, Third Amended Complaint, Fourth Amended Complaint, as well as supplements to these complaints, in which he advanced various constitutional claims. (Docs. 9, 13, 16, 17, 19, 20, and 21). The Court dismissed all of Bailey's claims except a portion of Bailey's Equal Protection claim, in which he asserted that his rights were violated by alleged discriminatory practices at the Montana State Prison. Defendants moved for summary judgement alleging no issue of material fact exists, that Defendants were entitled to qualified immunity, and requested that Bailey's complaint be dismissed with prejudice. (Doc. 44).

Magistrate Judge John Johnston entered Findings and Recommendations on February 21, 2019, and determined that Defendants are entitled to qualified immunity. (Doc. 58 at 19-24). Judge Johnston recommended that Defendants' motion for summary judgement (Doc. 43) be granted. (Doc. 58).

No party filed objections to Judge Johnston's Findings and Recommendations. The Court has reviewed Judge Johnston's Findings and Recommendations for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Johnston's Findings and Recommendations and adopts them in full.

ORDER

Accordingly, IT IS ORDERED that Magistrate Judge Johnston's Findings and Recommendations (Doc. 58) are ADOPTED IN FULL.

IT IS ORDERED that Defendants' Motion for Summary Judgement (Doc. 43) is GRANTED.

The Clerk of the Court is directed to close this matter and enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.

The Clerk of the Court is further directed to have the docket reflect that the Court certifies pursuant to Rule 24(a)(3(A) of the Federal Rules of Appellate Procedure that any appeal of this decision should not be taken in good faith.

Source:  Leagle

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