Hein et al v. United States of America et al
Filing
45
OPINION AND ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. DENYING in part and GRANTING in part 36 Motion to Dismiss for Failure to State a Claim. READ ORDER FOR DETAILS. Signed by Judge Susan P. Watters on 1/6/2016. (AMC, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
FILED
JAN - 6 20!6
tll@rk, U.S. District Court
Di1tnct Of Montana
Billings
EST ATE OF WILLIAM and ARLEIN
HEIN,
CV 14-55-BLG-SPW
Plaintiffs,
OPINION and ORDER
vs.
UNITED STATES OF AMERICA,
DEPARTMENT OF THE INTERIOR,
ST ATE OF MONT ANA, 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 Plaintiffs 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 November 18, 2015. In the Findings and
Recommendations, Judge Ostby recommends that this Court deny the United
States' motion to dismiss (doc. 36) to the extent it seeks dismissal based on Rule
l 2(b )(1) but grant the motion to the extent it seeks dismissal based on Rule
l 2(b )( 6) with leave to amend.
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Pursuant to 28 U. S .C. ยง 636(b )(I), 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
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:
I. Judge Ostby's Findings and Recommendations (Doc. 44) are ADOPTED
IN FULL.
2. The United States' Motion to Dismiss (doc.216) is DENIED to the extent
it seeks dismissal based on Rule 12(b)(l) but GRANTED to the extent it seeks
dismissal based on Rule l 2(b )( 6), with leave to amend.
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DATEDthis_6.__dayofJanuary2016.)
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SUSAN P. WATTERS
United States District Judge
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