Tyler et al v. Bank of America, N.A., No. 6:2013cv00067 - Document 9 (D. Mont. 2014)
Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 8 Findings and Recommendations. IT IS ORDERED that the Findings and Recommendations are ADOPTED IN FULL. This case is DISMISSED WITHOUT PREJUDICE. Copy of Order mailed to Plaintiffs on today's date. Signed by Judge Donald W. Molloy on 6/24/2014. (HEG, )
Download PDF
<![CDATA[
Tyler et al v. Bank of America, N.A. Doc. 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION JAN TYLER and AMANDA TYLER, FILED JUN 242014 Clerk, u.s District Court District Of Montana Missoula CV 13-67-H-DWM-RKS Plaintiffs, ORDER vs. BANK OF AMERICA, N.A., Defendant. This matter comes before the Court on Plaintiffs Jan and Amanda Tyler's Complaint and Amended Complaint (Docs. 2 and 6.) United States Magistrate Judge Keith Strong entered Findings and Recommendations on May 16,2014, recommending this case be dismissed without prejudice for failure to file a "short and plain statement of the claim." (Doc. 8.) The Tylers are entitled to de novo review of the specified findings or recommendations to which they object. 28 U.S.C. § 636(b)(1). The Court reviews the findings and recommendations not specifically objected to for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Clear error exists if the Court is left with a "definite and firm 1 Dockets.Justia.com conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). The Tylers have not filed any objections to Judge Strong's Findings and Recommendations. The Court finds no clear error in Judge Strong's determination that this case should be dismissed because the Tylers failed to file a "short and plain statement" as required by Rule 8 of the Federal Rules of Civil Procedure and failed to file an appropriate amended complaint after having been given leave to file such a pleading. Accordingly, IT IS ORDERED that the Findings and Recommendations (Doc. 8) are ADOPTED IN FULL. IT IS FURTHER ORDERED that this case is DISMISSED WITHOUT PREJUDICE. / Dated thisj![ day of June, 2014. 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
