Davis v. Astrue

Filing 17

ORDER ADOPTING 16 FINDINGS AND RECOMMENDATIONS. This case is DISMISSED for failure to prosecute. Signed by Judge Richard F. Cebull on 8/6/2012. (Hard copy mailed to Davis in Billings.) (NOB)

IN THE UNITED STATES DISTRICT COURT

FILED

FOR THE DISTRICT OF MONTANA

AUG 06 2012

BILLINGS DIVISION

BY----nDepUty=-::;::~Ciefk~--

fATRICK E. DUfFY CLERK

US. DISTRICT COURT

TIM W. DAVIS,
Plaintiff,
vs.

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.

CV-11-130-BLG-RFC

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BILLINGS DIVISION

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

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On July 10, 2012, United States Magistrate Judge Carolyn Ostby entered
Findings and Recommendation. Magistrate Judge Ostby recommends this Court
disn1iss this case for failure to prosecute.
Upon service of a magistrate judge's findings and recommendation, a party
has 14 days to file written objections. 28 U.S.C. § 636(b )(1). In this matter, no
party filed objections to the July 10, 2012 Findings and Recommendation. Failure
to object to a magistrate judge's findings and recommendation waives all
objections to the findings of fact. 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 case is DISMISSED
for failure to prosecute. The Clerk of Court is directed to enter Judgment in this
matter and close this matter accordingly.
The Clerk ofC~h,all notify the parties of the entry of this Order.
DATED the

L-

day of August, 20

CHARD F. CEBlJLL
UNITED STATES DISTRICT JUDGE

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