Hein et al v. United States of America et al, No. 1:2014cv00055 - Document 45 (D. Mont. 2016)
Court Description: OPINION AND ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. DENYING in part and GRANTING in part 36 Motion to Dismiss for Failure to State a Claim. READ ORDER FOR DETAILS. Signed by Judge Susan P. Watters on 1/6/2016. (AMC, )
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Hein et al v. United States of America et al Doc. 45 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION FILED JAN - 6 20!6 tll@rk, U.S. District Court Di1tnct Of Montana Billings EST ATE OF WILLIAM and ARLEIN HEIN, CV 14-55-BLG-SPW Plaintiffs, OPINION and ORDER vs. UNITED STATES OF AMERICA, DEPARTMENT OF THE INTERIOR, ST ATE OF MONT ANA, and all other Persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the complaint adverse to Plaintiffs title, whether the claim or possible claim is present or contingent, Respondents. Before the Court are United States Magistrate Judge Carolyn Ostby's Findings and Recommendations filed on November 18, 2015. In the Findings and Recommendations, Judge Ostby recommends that this Court deny the United States' motion to dismiss (doc. 36) to the extent it seeks dismissal based on Rule l 2(b )(1) but grant the motion to the extent it seeks dismissal based on Rule l 2(b )( 6) with leave to amend. 1 Dockets.Justia.com Pursuant to 28 U. S .C. ยง 636(b )(I), the parties were required to file written objections within 14 days of the filing of Judge Ostby's Findings and Recommendations. No objections were filed. When neither party objects, this Court must still review Judge Ostby's conclusions for clear error. Clear error exists ifthe Court is left with a "definite and firm conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this Court does not find that Judge Ostby committed clear error. Accordingly, IT IS HEREBY ORDERED: I. Judge Ostby's Findings and Recommendations (Doc. 44) are ADOPTED IN FULL. 2. The United States' Motion to Dismiss (doc.216) is DENIED to the extent it seeks dismissal based on Rule 12(b)(l) but GRANTED to the extent it seeks dismissal based on Rule l 2(b )( 6), with leave to amend. >fl~ DATEDthis_6.__dayofJanuary2016.) .. r~,~rtd~~ SUSAN P. WATTERS United States District Judge 2
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