Holmes et al v. United States of America et al

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 21 Report and Recommendations. Denying 11 Motion for Summary Judgment; Granting 13 Cross-Motion for Summary Judgment. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jlg)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO JOHN W. and JULIE ANN HOLMES, Plaintiff, vs. UNITED STATES OF AMERICA, Defendant. ) ) ) Case No. CV07-421-S-EJL ) ) ORDER ADOPTING REPORT ) AND RECOMMENDATION ) ) ) ) On November 4, 2008, United States Magistrate Judge Larry M. Boyle issued a Report and Recommendation, recommending that Defendant's cross-motion for summary judgment be granted and the Plaintiffs' motion for summary judgment be denied. Any party may challenge a Magistrate Judge's proposed recommendation regarding by filing written objections within ten days after being served with a copy of the magistrate's Report and Recommendation. 28 U.S.C. § 636(b)(1)(C). The district court must then "make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id. The district court may accept, reject, or modify in whole or in part, the findings and recommendations made by the magistrate. Id.; see also Fed. R. Civ. P. 72(b). Neither side has filed objections to the report and recommendation. The Court has reviewed the report and recommendation, the parties' briefing on the motions, briefing, and the entire record in these matters. Based upon this review, the Court finds the report and recommendation has correctly decided the motions. ORDER Having conducted a de novo review of the Report and Recommendation, this Court finds that Magistrate Judge Boyle's Report and Recommendation is well founded in law and consistent with this Court's own view of the evidence in the record. Acting on the recommendation of Magistrate Judge Boyle, and this Court being fully advised in the premises, IT IS HEREBY ORDERED that ORDER - Page 1 09ORDERS\HOLMES_rnr the Report and Recommendation entered on November 4, 2008, (Docket No. 21), should be, and is hereby, INCORPORATED by reference and ADOPTED in its entirety. THEREFORE, IT IS HEREBY ORDERED as follows: 1) 2) Defendant's Cross-Motion for Summary Judgment (Dkt. No. 14) is GRANTED. Plaintiffs' Motion for Summary Judgment (Dkt. No. 11) is DENIED. DATED: January 5, 2009 Honorable Edward J. Lodge U. S. District Judge ORDER - Page 2 09ORDERS\HOLMES_rnr

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