Brown v. Techlaw Inc., No. 9:2018cv00084 - Document 22 (D. Mont. 2019)
Court Description: ORDER denying 15 Motion for Default Judgment; adopting 17 Findings and Recommendations. Signed by Judge Dana L. Christensen on 2/8/2019. (ASG)
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Brown v. Techlaw Inc. Doc. 22 FILED FEB 08 2019 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION Clerk, U. S Courts District Of Montana Missoula Division ANTHONY E. BROWN, CV 18-84-M-DLC-JCL Plaintiff, ORDER vs. TECHLAW, INC., Defendant. United States Magistrate Judge Jeremiah C. Lynch entered his Findings and Recommendation on January 10, 2019, recommending that the Court deny Brown's motion for default judgment. (Doc. 17.) Brown failed to timely object to the Findings and Recommendations, and so waived the right to de novo review of the record. 28 U.S.C. ยง 636(b)(l). This Court reviews for clear error those findings and recommendations to which no party objects. 474 U.S. 140, 149-53 (1985). See Thomas v. Arn, Clear error exists if the Court is left with a "definite and firm conviction that a mistake has been made." Wash. Mut., Inc. v. United States, 856 F.3d 711, 721 (9th Cir. 2017) (citation omitted). Having reviewed the Findings and Recommendation (Doc. 17), the Court finds no clear error in Judge Lynch's recommendation that Brown's motion be -1- Dockets.Justia.com denied. Assuming that Brown's motion was a procedurally proper motion for entry of default under Federal Rule of Civil Procedure 55(a), the motion was premature. Accordingly, IT IS ORDERED that: (1) Judge Lynch's Findings and Recommendation (Doc. 17) is ADOPTED INFULL; and (2) Brown's motion for default judgment (Doc. 15) is DENIED. DATED this L#a day of February, 2 9. Dana L. Christensen, Chief Judge United States District Court -2-
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