Schmaus Family Properties, LLC et al v. United States Bureau of Land Management et al, No. 6:2017cv00068 - Document 8 (D. Mont. 2018)

Court Description: ORDERED: Judge Johnston's Findings and Recommendations (Doc. 7) are ADOPTED IN FULL. Denying 4 with respect to Plaintiff's request for an extension of time to file proof of service on each of the Defendant's. FURTHER ORDERED: Plaintiff Schmaus Family Properties, LLC is DISMISSED WITHOUT PREJUDICE. Copy mailed to Joseph Schmaus. Signed by Judge Dana L. Christensen on 5/7/2018. (HEG)

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Schmaus Family Properties, LLC et al v. United States Bureau of Land Management et al Doc. 8 May 7, 2018 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION SCHMAUS FAMILY PROPERTIES INC. and JOSEPH H. SCHMAUS, CV 17–68–H–DLC–JTJ Plaintiffs, ORDER vs. UNITED STATES BUREAU OF LAND MANAGEMENT, et al., Defendants. United States Magistrate Judge John T. Johnston entered his Findings and Recommendations in this case on March 27, 2018, recommending that Plaintiff Schmaus Family Properties, LLC’s Motion to Amend Complaint and to Extend Time for Service of Summons and Complaint (Doc. 4) be denied, and that Plaintiff Schmaus Family Properties, LLC be dismissed without prejudice. Schmaus Family Properties, LLC has failed to timely object to the findings and recommendations, and so waived the right to de novo review of the record. 28 U.S.C. § 636(b)(1). The Court will therefore review the record for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). After reviewing the record and finding no clear error, the Court agrees with -1- Dockets.Justia.com

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