Anato et al v. Barney et al
| Sodjine Paul Anato and Sarah Anato |
| Lad Barney and USDA Rural Development |
| 4:2012cv00103 |
| November 26, 2012 |
| US District Court for the District of Montana |
| Great Falls Office |
| GLACIER |
| Sam E Haddon |
| Keith Strong |
| Civil Rights: Other |
| 28 U.S.C. ยง 1442 Petition for Removal |
| None |
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The following documents for this case are available for you to view or download:
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Filing
93
ORDER: United States Magistrate Judge Keith Strong entered 91 Findings and Recommendations in this matter on July 8, 2014. Plaintiffs filed 92 objections on July 22, 2014. The Court reviews de novo findings and recommendations to which objections are made. 28 U.S.C. 636(b)(1). Upon de novo review of the record, I find no error in Judge Strong's 91 Findings and Recommendations and adopt them in full. ORDERED: 1) Defendants' 69 Motion to Substitute United States for Defendants on Tort Claims, and Dismiss or in the alternative Grant Summary Judgment is GRANTED as follows: a) Counts 1, 2, 4 6, and 7 of Plaintiffs' 53 Third Amended Complaint are DISMISSED for lack of subject matter jurisdiction; b) Summary judgment is GR ANTED in favor of Defendants on Counts 3, 5, and 8 of Plaintiffs' 53 Third Amended Complaint. 2) Plaintiffs' 82 Motion to Deny Certification of Scope of Employment for Defendants is DENIED. The Court certifies under Rule 24(a)(3)(A) of the Federal Rules of Appellate Procedure that any appeal of this decision would not be taken in good faith. Copy of Order mailed to Pro Se Plaintiffs. Signed by Judge Sam E Haddon on 8/4/2014. (SLR, )
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Filing
45
ORDER ADOPTING 42 FINDINGS AND RECOMMENDATIONS: 1) Any appeal from the portion of the Court's 40 Order of June 27, 2013 denying Plaintiffs' 25 Motion for Preliminary Injunction would not be taken in good faith because the motion is so lacking in merit that no reasonable jurist could disagree with the denial of that motion. Fed.R.App.P. 4(a)(3). 2) Any appeal from the portion of the Court's 40 Order of June 27, 2013, dismissing certain Counts of the First Amended Complaint, would not be taken in good faith because the claims asserted in those Counts are so defective that no reasonable jurist could disagree with dismissal, and the appeal would be premature because the dismissal is not a final, appealable decision under 28 U.S.C. 1291.... Copy of Order mailed to Pro Se Plaintiffs. Signed by Judge Sam E Haddon on 9/12/2013. (SLR, )
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Filing
40
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS: 1) The United States' 27 Motion to Substitute is GRANTED; 2) The United States' 27 Motion to Dismiss is GRANTED; 3) Count 3 of the First Amended Complaint is DISMISSED without prejudice for lack of jurisdiction as the Federal Court of Claims has exclusive jurisdiction over contract claims against the United States exceeding $10,000; 4) Count 9 of the First Amended Complaint is DISMISSED with prejudice because the United States is i mmune from liability for constitutional torts; 5) Counts 2, 5, 6, 7, 8, 10, 11 and 15 of the First Amended Complaint are DISMISSED without prejudice for lack of jurisdiction as Plaintiffs have failed to exhaust their administrative remedies as requir ed by 28 U.S.C. 2675(a); 6) Counts 16, 17, 18, 19 and 20 of the First Amended Complaint are DISMISSED without prejudice for failure to state a claim upon which relief can be granted; 7) Counts 1, 12 and 14 of the First Amended Complaint are DISMISSED with prejudice, as time-barred; 8) Plaintiff's 25 Motion for Preliminary Injunction is DENIED; 9) Plaintiffs' demand for a jury trial is DENIED with respect to all claims against the United States; and, 10) On or before 7/12/13, Plaintiffs shall submit a report with the Court. SEE ORDER FOR FULL DETAILS. Copy of Order mailed to Pro Se Plaintiffs. Signed by Judge Sam E Haddon on 6/27/2013. (SLR, )
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