Johnson v. Ravalli County Sheriff Department

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION HEATHER ROSE JOHNSON, CV 25-178-M-WWM Plaintiff, VS. ORDER ADOPTING FINDINGS AND RECOMMENDATION AND RAVALLI COUNTY SHERIFF DISMISSING WITHOUT DEPARTMENT, LINCOLN CITY PREJUDICE POLICE DEPARTMENT, RAVALLI COUNTY DISTRICT COURT, and STATE OF MONTANA SUPREME COURT, Defendants. Plaintiff Heather Rose Johnson (“Ms. Johnson”), proceeding pro se, filed a Complaint against the above-named Defendants on October 29, 2025. (Doc. 1). Judge DeSoto entered Findings and Recommendation in this matter on April 8, 2026. (Doc. 4). Plaintiff did not object and, therefore, is not entitled to de novo review of the record. 28 U.S.C. § 636(b)(1); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). This Court reviews the 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). Judge DeSoto recommended that this Court dismiss this case without prejudice pursuant to Federal Rule of Civil Procedure 4(m) for Ms. Johnson’s failure to serve Defendants with the Complaint and summons within 90 days of filing the Complaint. (Doc. 4). The Court finds no clear error in Judge DeSoto’s Findings and Recommendation (Doc. 4). Accordingly: IT IS HEREBY ORDERED that Judge DeSoto’s Findings and Recommendation are ADOPTED IN FULL. IT IS FURTHER ORDERED that this matter be dismissed without prejudice. The Clerk of Court is directed to notify the parties of the making of this Order. DATED this 23rd day of Od ha UY WILLIAM W.MERCER UNITED STATES DISTRICT JUDGE