Stone v. Herwitz

District Court, D. Montana

Stone v. Herwitz

Trial Court Opinion

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

CHAD STONE, CV 23-95-BLG-SPW Plaintiff, VS. ORDER ADOPTING MAGISTRATE’S FINDINGS BURT HURWITZ et al., AND RECOMMENDATIONS Defendants.

The United States Magistrate Judge filed Findings and Recommendations on January 30, 2025. (Doc. 8). The Magistrate recommended that the Amended Complaint be dismissed without prejudice. (/d. at 2). Pursuant to

28 U.S.C. § 636

(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.,

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). After reviewing the Findings and Recommendation, this Court does not find that the Magistrate committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 8) are ADOPTED IN FULL.

DATED this 4 day of March, 2025.

L Meer Li Le SUSAN P. WATTERS United States District Judge

Reference

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