Davis v. Astrue, No. 1:2011cv00130 - Document 17 (D. Mont. 2012)
Court Description: ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS. This case is DISMISSED for failure to prosecute. Signed by Judge Richard F. Cebull on 8/6/2012. (Hard copy mailed to Davis in Billings.) (NOB)
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Davis v. Astrue Doc. 17 IN THE UNITED STATES DISTRICT COURT FILED FOR THE DISTRICT OF MONTANA AUG 06 2012 fATRICK E. DUfFY CLERK BILLINGS DIVISION BY US. DISTRICT COURT TIM W. DAVIS, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. CV-11-130-BLG-RFC ) ) ) ) ) ) ) ) ) ) ) BILLINGS DIVISION ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE ------------------------) On July 10, 2012, United States Magistrate Judge Carolyn Ostby entered Findings and Recommendation. Magistrate Judge Ostby recommends this Court disn1iss this case for failure to prosecute. 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 July 10, 2012 Findings and Recommendation. Failure to object to a magistrate judge's findings and recommendation waives all objections to the findings of fact. 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 of law. 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 case is DISMISSED for failure to prosecute. The Clerk of Court is directed to enter Judgment in this matter and close this matter accordingly. The Clerk DATED the L- notify the parties of the entry of this Order. day of August, 20 CHARD F. CEBlJLL UNITED STATES DISTRICT JUDGE 2
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