Opinion
CV-17-9-GF-BMM-JTJ
04-13-2017
ROBERT D. RIGGS Plaintiff, v. STATE OF MONTANA (DOC), A.W. TOM WOOD, A.W. MYRON BEESON, LT. LAKEL, DAVE PINTLND, SARG. WEBER, and P. MORTIN (MSP DHO), et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATIONS
United States Magistrate Judge John Johnston issued Findings and Recommendations in this matter. (Doc. 2.) Judge Johnston recommended that the Court remand this matter to the Third Judicial District Court, Deer Lodge, Powell County, Montana, due to improper removal. Id. at 2. Only a defendant may remove a case filed in state court to federal court under 28 U.S.C. § 1441. Here, plaintiff improperly removed his own case. Id.
No party filed an objection to Judge Johnston's Findings and Recommendations. When a party makes no objections, the Court need not review de novo the proposed Findings and Recommendations. Thomas v. Arn, 474 U.S. 140, 149-52 (1986). This Court reviews Judge Johnston's Findings and Recommendations, however, for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). The Court finds no error.
ORDER
Accordingly, IT IS ORDERED that Magistrate Judge Johnston's Findings and Recommendations (Doc. 2) is ADOPTED IN FULL.
The Clerk of Court is directed to send a certified copy of these Findings and Recommendations to the Clerk of Court for the Third Judicial District Court, Deer Lodge, Powell County, Montana. The Clerk of Court is further directed to send a copy of this Order to Jeffrey Doud, Agency Legal Services Bureau, Montana Department of Justice, 1712 Ninth Avenue, PO Box 201440, Helena, MT 59620-1440.
DATED this 13th day of April, 2017.
/s/_________
Brian Morris
United States District Court Judge