Krivec v. Maxwell, et al., No. 1:2009cv00075 - Document 30 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 29 in full. Defendants' Motion forSummary Judgment 21 is GRANTED.. Signed by Judge Richard F. Cebull on 9/29/2010. Mailed to Krivec (TAG, )
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Krivec v. Maxwell, et al. Doc. 30 ilY BILLINGS DIVISION BRANDON T. KRIVEC, --o ...l TV 1 vi ,I.... I, f\ hLJV VS. CV-09-75-BLG-RFC-CSO ) Plaintiff, ) ) ) ) ) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE ) NURSE ROSCOE, et al., Defendants. ) ) ) ----------------------) On September 2,2010, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendation (Doc. 29) as to Defenda:lts' Motion for Summary Judgment (Doc. 21). Magistrate Judge Ostby recommends the motion be granted because Krivec failed to produce sufficient evidence to overcome the undisputed evidence and medical testimony presented by Defendants. Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.C. ยง 636(b)(1). In this matter, no party filed objections to the Findings and Recommendation. Although failure file objections waives all objections to the findings of fact, Turner v. Duncan, 158 1 Dockets.Justia.com F.3d 449, 455 (9th Cir. 1999), this Court must still review de novo the magistrate judge's conclusions oflaw. Barilla v. Ervin, 886 F.2d 1514, 151.8 (9th Cir. 1989). After reviewing 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. Accordingly, IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment (Doc. 21) is GRANTED. The Clerk of Court is directed to enter Judgment in this matter in favor of Defendants and close this matter accordingly. CH F. CE LL UNITED STATES DISTRICT JUDGE 2
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