IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

STEPHEN PATRICK KELLY, CV 23-20-BLG-SPW Plaintiff, vs. ORDER ADOPTING MAGISTRATE’S FINDINGS MERRELL FOOTWARE, INC. and AND RECOMMENDATIONS YELLOWSTONE SPORTS RETAILER, L.L.C., Defendants.

United States Magistrate Judge Timothy Cavan filed Findings and Recommendations on June 22, 2023. (Doc. 9). Judge Cavan recommended that the Court dismiss this case for failure to prosecute and comply with the Court’s orders. (Doc. 9 at 2). Pursuant to

(b)(1), parties are required to file written objections within 14 days of the filing of the Magistrate’s Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate’s Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc.,

(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,

(9th Cir. 2000). After reviewing the Findings and Recommendation, this

Court does not find Judge Cavan committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations entered

by Judge Cavan (Doc. 9) are ADOPTED IN FULL. IT IS FURTHER ORDERED that this case is dismissed without prejudice.

fe DATED this /Wday of July, 2023.

“ SUSAN P. WATTERS United States District Judge