United States of America v. Ohlin et al, No. 1:2009cv00013 - Document 62 (D. Mont. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 61 Findings and Recommendations, denying 59 Motion to Stay filed by Beverly J. Ohlin, Ronald E. Ohlin. Signed by Judge Richard F. Cebull on 6/1/2010. (CAA, )

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United States of America v. Ohlin et al Doc. 62 IN THE UNITED STATES DISTRICT COURT FILED BILLING FOR THE DISTRICT OF MONTANA 20lO JUN 1 1') . ., " BILLINGS DIVISION ) UNITED STATES OF AMERICA, 'c__ rl1 • .t. PATRICK E. BY __ ) ) ) ) Plaintiffs, vs. ) ORDER ADOPTING FINDINGS ) AND RECOMMENDATIONS OF ) MAGISTRATE JUDGE RONALD and BEVERLY OHLIN; STATE OF MONTANA, DEPT. OF REVENUE; and PORTFOLIO RECOVERY ASSOCIATES, LLC, ) ) ) ) ) Defendants. ­­­­­­­­­­­­­­­­­­­­­­­­­­­) United States Magistrate Judge Carolyn Ostby has recommended the denial of the Ohlin's Motion to Stay Pending Appeal. Doc. 61. Judge Ostby recommends the motion be denied because the Ohlins have not filed a supersedeas bond and have again failed to comply with Local Rule 7. 1(c)(1). Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.C. § 636(b)(1). The time for objection has expired and no objections have been filed. The failure to object waives all objections to the findings of fact, Turner v. Duncan, 158 F.3d 449,455 1 Dockets.Justia.com (9th Cir. 1999), but does not relieve this Court of its burden to review de novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989). After a reviewing of the record and applicable law, this Court finds Magistrate Judge Ostby's Findings and Recommendation are well grounded in law and fact and adopts them in their entirety. IT IS HEREBY ORDERED that the Ohlin's Motion to Stay (Doc. 59) is DENIED. "- DATED the , 2010. /1 A­­­l</ /' / } RICHARD F. CE ULL UNITED STATES DISTRICT JUDGE 2

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