United States of America v. Ohlin et al, No. 1:2009cv00013 - Document 58 (D. Mont. 2010)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS- IT IS HEREBY ORDERED that the Ohlin's Motion to Dismiss Plaintiff's Motion for Summary Judgemtn is DENIED for 51 Motion for Miscellaneous Relief filed by Beverly J. Ohlin, Ronald E. Ohlin, 55 Findings and Recommendations. Signed by Judge Richard F. Cebull on 3/5/2010. (C/C to Beverly and Ronald Ohlin) (AMC, )

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United States of America v. Ohlin et al Doc. 58 FILED IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION 2010 • 5 prJ 12 1Y ICK _ _ _ __ ) ) ) ) ) ) ORDER ADOPTING FINDINGS ) AND RECOMMENDATIONS OF ) MAGISTRATE JUDGE AND ) ORDER FOR JUDICIAL SALE ) ) ) ) UNITED STATES OF AMERICA, Plaintiffs, vs. RONALD and BEVERLY OHLIN; STATE OF MONTANA, DEPT. OF REVENUE; and PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendants. --------------------------) United States Magistrate Judge Carolyn Ostby has entered Findings and Recommendations (Doc. 55) on the Ohlin's Motion to Dismiss Plaintiff's Motion for Summary Judgment (Doc. 51). Judge Ostby recommends the motion be denied. Upon service of a magistrate judge's findings and recommendation, a party has 10 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 (9th Cir. 1999), but does not relieve this Court of its burden to review de novo the 1 Dockets.Justia.com 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 Dismiss Plaintiff's Motion for Summary 51) is DENIED. DATED the2 day of March 2010. RICHARD F. CEBULL UNITED STATES DISTRICT JUDGE 2

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