Dupuis v. U.S. Dept of Interior - Bureau of Indian Affairs, No. 9:2010cv00021 - Document 26 (D. Mont. 2011)

Court Description: ORDER ADOPTING FINDINGS AND RECOMMENDATIONS for 25 Findings and Recommendations, 19 Motion for Summary Judgment filed by U.S. Dept of Interior - Bureau of Indian Affairs, 18 Motion for Summary Judgment filed by Kenneth W. Dupuis. Signed by Judge Donald W. Molloy on 6/24/2011. (APP, ) Copy mailed to Dupuis this date.
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Dupuis v. U.S. Dept of Interior - Bureau of Indian Affairs Doc. 26 FILED JUN 2 ~ 2011 PATRICK E. DUFFY, CLERK By NOE""P"'UTY~Cl"'EO;:RK;-;.MI""S"'S""ou"'-lA"--­ IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION KENNETH DUPUIS, ) ) ) ) ) ) ) ) Plaintiff, v. BUREAU OF INDIAN AFFAIRS, Defendant. CV IO-21-M-DWM-RKS ORDER -----------------------) Plaintiff filed a motion for summary judgment in this Federal Tort Claims Act case on March 9,2011. Defendant filed its motion for summary judgment on March 16,2011, in which it also responded to Plaintiff's motion. United States Magistrate Judge Keith Strong entered Findings and Recommendation (dkt #25) in this case on May 17,2011. Judge Strong recommended that Defendant's motion be granted because Plaintiff's claim is barred by the discretionary function exception to the Federal Tort Claims Act. 1 Dockets.Justia.com The Plaintiff did not timely object and so has waived the right to de novo review of the record. 28 U.S.C. § 636(b)(I). This Court reviews the Findings and Recommendation 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 conviction that a mistake has been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000). I find no clear error with Judge Strong's Findings and Recommendation. IT IS HEREBY ORDERED that the Findings and Recommendation (dkt #25) are adopted in full. Plaintiff's Motion for Summary Judgment (dkt #18) is DENIED and Defendant's Motion for Summary Judgment (dkt. #19) is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court is directed to enter judgment by separate document in favor of Defendant and to close the case. The bench trial set for July 18,2011 is VACATED. Dated this ....2!i.!ciay of June, 2011. . Mol oy, District Judge tates D strict Court 2