Thiel v. United States Department of Agriculture
Filing
106
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. IT IS ORDERED that Judge Ostby's 105 Findings and Recommendations, are ADOPTED IN FULL.IT IS FURTHER ORDERED that the above-captioned case is DISMISSED WITH PREJUDICE. The Clerk of Court shall close the case and enter judgment in favor of Defendants pursuant to Rule 58 ofthe Federal Rules of Civil Procedure. Signed by Judge Donald W. Molloy on 10/30/2013. (Hard copy mailed to A. Thiel.) (JDH, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
ANNETTE L. THIEL, d/b/a SWEET
VALLEY PRODUCE,
CV 09-168-BLG-DWM-CSO
Plaintiff,
vs.
ORDER
ANN M. VENEMAN, Secretary of the
United States Department of
Agriculture, Farm Service Agency
("FSA"), LAWRENCE NAYES,
Individually and as an agent ofthe
Defendant FSA, and JEFFREY
JANSHEN, Individually and as an
agent of the Defendant FSA,
Defendants.
This matter comes before the Court on Findings and Recommendation
entered by United States Magistrate Judge Carolyn S. Ostby. (Doc. 105.) Judge
Ostby recommends this matter be dismissed with prejudice due to Plaintiffs
failure to follow Orders of the Court. (ld. at 7.) In detailed findings, Judge Ostby
chronicled the recent history of this case and Ms. Thiel's repeated failure to
prosecute this action, including her absence from the Court's show cause hearing
convened on October 9,2013. (See id. at 1-3.)
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Plaintiff did not timely object to Judge Ostby's Findings and
Recommendation. She has accordingly waived the right to de novo review of the
record. 28 U.S.C. § 636(b)(1). The Court reviews the findings and
recommendation of a United States Magistrate Judge for clear error. McDonnell
Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir.
1981). Clear error is present only 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 a review of Judge Ostby's Findings and Recommendation, I find no
clear error. At the time her attomey's Motion to Withdraw was granted, Ms. Thiel
was advised that she must retain new counselor appear pro se. (Doc. 98 at 2.)
She was advised that her failure to comply may result in dismissal of her case.
(Id.) Ms. Thiel did not respond, and the Court ordered her to show cause why her
case should not be dismissed for failure to comply. (Doc. 101.) Again, Ms. Thiel
did not respond to the substance ofthe Court's directive. She instead relayed a
request for extension of time to the Clerk of Court by facsimile. (See Doc. 102-1.)
The Court effectively granted Plaintiff s request for an extension and ordered her
to appear in person for a show cause hearing. (Doc. 102.) When the show cause
hearing was convened, Ms. Thiel did not appear. (Doc. 104.) The Court noted her
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absence and Defendants requested the case be dismissed. (Jd.) Judge Ostby
properly concludes her case is subject to dismissal under Federal Rule of Civil
Procedure 41 (b).
IT IS ORDERED that Judge Ostby's Findings and Recommendations, (Doc.
105), are ADOPTED IN FULL.
IT IS FURTHER ORDERED that the above-captioned case is DISMISSED
WITH PREJUDICE. The Clerk of Court shall close the case and enter judgment
in favor of Defendants pursuant to Rule 58 of the Federal Rules of Civil
Procedure.
DATED this Zday of October, 2013.
olloy, District Judge
District Court
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