Hein et al v. United States of America et al

Filing 23

OPINION AND ORDER adopting 21 Findings and Recommendations IN FULL. The State of Montana's Motion to Dismiss is GRANTED. Plaintiff William and Arlein Hein's motion for certification of state law is DENIED. Signed by Judge Susan P. Watters on 1/12/2015. (EMH, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION

FILED
JAN 1 3 2015

WILLIAM and ARLEIN HEIN,
CV 14-55-BLG-SPW

Clerk, US District Court
Distnct Of Montana

Plaintiffs,

Billings

OPINION and ORDER

vs.
UNITED STATES OF AMERICA,
DEPARTMENT OF THE INTERIOR,
STATE OF MONTANA, and all other
Persons, unknown, claiming or who
might claim any right, title, estate, or
interest in or lien or encumbrance upon
the real property described in the
complaint adverse to Plaintiff's title,
whether the claim or possible claim is
present or contingent,
Respondents.

Before the Court are United States Magistrate Judge Carolyn Ostby's
Findings and Recommendations filed on December 4, 2014. In the Findings and
Recommendations, Judge Ostby recommends that this Court grant the Defendant
State of Montana's motion to dismiss and deny Plaintiffs William and Arlein
Hein's motion for certification of question of state law.
Pursuant to 28 U.S.C. § 636(b )(1 ), the parties were required to file written
objections within 14 days of the filing of Judge Ostby's Findings and
Recommendations. No objections were filed. When neither party objects, this
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Court must still review Judge Ostby's conclusions for clear error. Clear error
exists ifthe 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
reviewing the Findings and Recommendations, this Court does not find that Judge
Ostby committed clear error.
Accordingly, IT IS HEREBY ORDERED:
1. Judge Ostby's Findings and Recommendations (Doc. 21) are ADOPTED
IN FULL.
2. The State of Montana's Motion to Dismiss (Doc. 6) is GRANTED.
3. Plaintiff William and Arlein Hein' s motion for certification of question of
state law (Doc. 14) is DENIED.
DATED this ;;?ta}-ofJanuary 2015.

SUSANP. WATTERS
United States District Judge

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