Dollar Douglas et al v. Dry Creek Rancheria Band of Pomo Indians et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATIONS- Adopting in its entirety 41 Report and Recommendations. Therefore 20 MOTION for Default Judgment is Moot and 35 MOTION for Default Judgment is Denied. 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 jm)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO DEBORAH J. DOLLAR DOUGLAS, et al., Plaintiffs, vs. DRY CREEK RANCHERIA BAND OF POMO INDIANS, et al., Defendants. ) ) ) Case No. CV08-159-S-EJL ) ) ORDER ADOPTING REPORT ) AND RECOMMENDATION ) ) ) ) )

On October 3, 2008, United States Magistrate Judge Larry M. Boyle issued a Report and Recommendation, recommending that Plaintiffs' initial motion for default judgment be deemed moot and their second motion for default 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' 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 the Report and Recommendation entered on October 3, 2008, (Docket No. 41), should be, and is hereby, INCORPORATED by reference and ADOPTED in its entirety. THEREFORE, IT IS HEREBY ORDERED as follows: 1) 2) Plaintiffs' Motion for Default Judgment (Dkt. No. 20) is MOOT. Plaintiffs' Motion for Default Judgment (Dkt. No. 35) is DENIED. DATED: October 31, 2008

Honorable Edward J. Lodge U. S. District Judge