HeitKemper v. Wong et al, No. 1:2010cv00062 - Document 15 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 14 in full. 13 Motion to Dismiss filed by Adam HeitKemper is GRANTED and this matter is DISMISSED WITHOUT PREJUDICE. Any appeal of this decision would not be taken in good faith. Signed by Judge Richard F. Cebull on 1/24/2011. Mailed to HeitKemper. (TAG, )
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HeitKemper v. Wong et al Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA :!:! Ii:,,;; i. BILLINGS DIVISION 2011 ,I!,!, ?" Ii,. I ADAM J. HEITKEMPER, Plaintiff, VS. OFFICER SHIRLEY, SGT. SMART, SGT. WONG, OFFICER WEB, AND LT. NEITER, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) A(71r}18 ORDER ADOPTING FINDINGS AND RECOMMENDATION OF U.S. MAGISTRATE JUDGE --------------------) On December 21, 20 I 0, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendation. Magistrate Judge Ostby recommends this Court grant HeitKemper's Motion to Dismiss. 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 December 2 I, 20 I 0 Findings and Recommendation. Failure to object to a magistrate judge's findings and recommendation waives all objections to the findings offact. Turner v. Duncan, 158 F.3d 449,455 (9th Cir. 1999). However, failure to object does not relieve this Court of its burden to 1 ... Dockets.Justia.com review de novo the magistrate judge's conclusions oflaw. Barilla v, Ervin, 886 F.2d 1514, 1518 (9th Cir.1989). Plaintiff seeks dismissal of the case, without opposition from Defendant. 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 [S HEREBY ORDERED that HeitKemper's Motion to Dismiss [doc. 13] is GRANTED and this matter is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to enter Judgment in this matter and close this case. The Clerk of Court is also directed to have the docket reflect that the Court certifies pursuant to Rule 24(a)(3)(A), F.R.App.P. that any appeal ofthis decision would not be taken in good faith. The Clerk of Cour,vrall notify the parties ofthe entry of this Order. DATED the;;;!!L ofJanuary, 2011. F. EBULL UNITED STATES DISTRICT JUDGE 2