Siemion v. United States Department of the Interior et al, No. 1:2009cv00087 - Document 16 (D. Mont. 2010)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 15 Findings and Recommendations,. Signed by Judge Richard F. Cebull on 1/14/2010. (TMD, ) Modified on 1/14/2010 to indicate hard copy mailed to Nelvette Siemion (TMD, ).
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Siemion v. United States Department of the Interior et al Doc. 16 FILED IN THE UNITED STATES DISTRICT COURT':LLI'IGS ,)1\' 1 FOR THE DISTRICT OF I"\i lU PrJ 2 0 , elJ ,-",,, I BILLINGS DIVISION XELVETTE SIEMION, d/b/a ) ,;;":H, WHITE BUFFALO RANCH, ) ) Plaintiffs, vs. DEPUTY CLERK ) ) ) ) ) ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE UNITED STATES DEPT. OF THE) INTERIOR, BUREAU OF IXDIAN) AFFAIRS, ROCKY MOUNTAIN ) REGION ) Defendants. ) ) ---------------------) United States Magistrate Judge Carolyn S. Ostby has recommended that this case be dismissed without prejudice for failure to prosecute. Doc. 15. On October 20, 2009 Plaintiffs counsel was allowed to withdraw and Plaintiffs was notified that she needed to find new counselor elect to proceed pro se by November 20, 2009. Doc. 13. When she did not respond, Magistrate Judge Ostby issued an order notifying Plaintiff that her case would be dismissed for failure to prosecute if she did not respond by December 19, 2009. Doc. 14. Again, there was no response, resulting in the December 23, 2009 recommendation that the case be dismissed for failure to prosecute. 1 Dockets.Justia.com Upon service of a magistrate judge's findings and recommendation, a party has 10 days to file written objections. 28 U.S.C. ยง 636(b)(l). In this matter, no party filed objections to the July 25, 2007 Findings and Recommendation. Failure to object to a magistrate judge's findings and recommendation waives all objections to the findings offact. Tumerv. Duncan, 158 F.3d 449,455 (9th Cir. 1999). However, failure to object does not relieve this Court of its burden to review de novo the magistrate judge's conclusions oflaw. Barilla v. Ervin, 886 F.2d 1514,1518 (9th Cir. 1989). After an extensive review 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. Accordingly, IT IS HEREBY ORDERED that this matter is DISMISSED WITHOUT PREJUDICE for Plaintiffs failures to comply with Court orders and to prosecute. The Clerk of DATED the notify the parties of the entry of this Order. day of January 200 CHARD F. CEBULL UNITED STATES DISTRICT JUDGE 2
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