Siemion v. United States Department of the Interior et al

Filing 15

FINDINGS AND RECOMMENDATIONS recommending that the 1 Complaint, filed by Nelvette Siemion, be dismissed without prejudice. Objections to F&R due by 1/11/2010. Signed by Magistrate Carolyn S Ostby on 12/23/2009. (Hard-copy mailed to Nelvette Siemion.) (POC, )

I N THE UNITED STATES DISTRICT COURT F O R THE DISTRICT OF MONTANA B IL L I N G S DIVISION N E L V E T T E SIEMION, d/b/a W H IT E BUFFALO RANCH, Plaintiffs, vs. U N I T E D STATES D E P A R T M E N T OF THE I N T E R IO R , BUREAU OF I N D I A N AFFAIRS, ROCKY M O U N T A I N REGION, Defendants. I n an Order filed December 2, 2009, the Court ordered that " P la in t iff, by December 16, 2009, shall appear in writing and show c a u s e , if any, why this case should not be dismissed for failure to comply w it h the Court's previous Order and for failure to prosecute." Court D o c . 14 at 2. The "previous Order" was one that the Court filed on O c t o b e r 20, 2009, directing Plaintiff to "retain new counsel or file a n o t ic e of intent to appear pro se with the Clerk of Court on or before F r id a y , November 20, 2009." Court Doc. 13. 1 C V -0 9 -8 7 -B L G -R F C -C S O

F I N D I N G S AND R E C O M M E N D A T I O N OF U N I T E D STATES MAGISTRATE JUDGE

T o date, Plaintiff has failed to comply with the show cause order a n d has filed neither a notice of appearance by retained counsel nor a n o t ic e of intent to appear pro se. It appears Plaintiff no longer wishes t o proceed with this action. Accordingly, I T IS RECOMMENDED that this matter be DISMISSED without p r e ju d ic e for Plaintiff's failures to comply with Court orders and to prosecute. I T IS ORDERED that the Clerk shall serve a copy of the Findings a n d Recommendation of United States Magistrate Judge upon the p a r t ie s . The parties are advised that pursuant to 28 U.S.C. § 636, any o b je c t io n s to the findings and recommendation must be filed with the C le r k of Court and copies served on opposing counsel within fourteen (1 4 ) days after receipt hereof, or objection is waived. T h e Clerk of Court is directed to serve a copy of these Findings a n d Recommendation on Plaintiff as follows: Nelvette Siemion, P.O. Box 7 4 8 4 , Fort Smith, MT 59035. D A T E D this 23 rd day of December, 2009. /s / Carolyn S. Ostby United States Magistrate Judge

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