McChesney v. Errebo

Filing 9

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 8 in full. This matter is REMANDED to the Yellowstone County District Court. Signed by Judge Richard F. Cebull on 4/22/2011. Mailed to McChesney, Errebo, and Clerk of YCDC. (TAG, ) Modified on 4/22/2011 a copy of the order along with the remark mailed to both pro se participants (ACL, ).

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTAN~O!1
BILLINGS DIVlSION
BENJAMIN McCHESNEY,
Plaintiff,
vs.

MARK ERREBO,
Defendants.

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ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS OF
U.S. MAGISTRATE JUDGE

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On March 21, 2011, United States Magistrate Judge Carolyn Ostby entered
Findings and Recommendation. Magistrate Judge Ostby recommends this matter
be remanded to Yellowstone County District Court.
Upon service of a magistrate judge's findings and recommendation, a party
has 14 days to file written objections. 28 U.S.CO § 636(b)(I). In this matter, no
party filed objections to the March 21, 201 I Findings and Recommendation.
Failure to object to a magistrate judge's findings and recommendation waives all
objections to the findings offact. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir.
1999). However, failure to object does not relieve this Court of its burden to

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review de novo the magistrate judge's conclusions of law. Barilla v. Ervin, 886
F.2d 1514, 1518 (9th Cir. 1989).
After an extensive review of the record and applicable law, this Court finds
Magistrate Judge Ostby's Findings and Recommendation are well grounded in law
and fact and adopts them in their entirety.
Accordingly, IT IS HEREBY ORDERED that this matter is REMANDED
to the Yellowstone County District Court. The Clerk of Court is directed to send a
certified copy ofthe Order of Remand to the Clerk of Court for Yellowstone
County, Montana.
The Clerk of Court st#l notify the parties of the entry of this Order.

DATEDthe~~APril,2011.

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iiCHARD . CEBULL
UNITED STATES DISTRICT JUDGE

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