United States of America
Filing
10
OPINION AND ORDER. IT IS HEREBY ORDERED: Magistrate Judge Ostby's Findings and Recommendations are ADOPTED IN FULL, the United States' Motion to Quash the state order [D6] is GRANTED And the order [D4-21] is hereby quashed. IT IS FURTHER ORDERED that this case be remanded back to the Montana Sixth Judicial District Court, Sweet Grass County. Signed by Judge Susan P. Watters on 12/5/2014. (EMH, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BILLINGS DIVISION
FILED
DEC - 5 2014
Clerk, U.S. District Court
District Of Montana
Billings
IN RE THE GUARDIANSHIP and
CONSERVATORSHIP OF JOHN
HENRY TITECA, an incapacitated
person
CV 14-105-BLG-SPW
OPINION and ORDER
Before the Court are the Findings and Recommendations entered by United
States Magistrate Judge Carolyn Ostby on November 19, 2014. (Doc. 9).
Magistrate Judge Ostby recommends that this Court grant the United States'
motion to quash a state order (Doc. 4-21) regarding payment of John Henry
Triteca's veteran's benefits and remand the case back to state court. (Doc. 9).
Pursuant to 28 U.S.C. ยง 636(b)(l), written objections to Magistrate Judge
Ostby's Findings and Recommendations were due 14 days after service. No
objections were filed. When a party does not object, this Court must review
Magistrate Judge Ostby's conclusions for clear error. Clear error exists 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
reviewing the Findings and Recommendations, this Court does not find that
Magistrate Judge Ostby committed clear error.
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Accordingly, IT IS HEREBY ORDERED:
1. Magistrate Judge Ostby's Findings and Recommendations (Doc. 9) are
ADOPTED IN FULL.
2. The United States' motion to quash the state order (Doc. 6) is GRANTED
and the state order (Doc. 4-21) is hereby quashed.
3. IT IS FURTHER ORDERED that this case be remanded back to the
Montana Sixth Judicial District Court, Sweet Grass County.
DATED this
.f'"'day of December 2014L/
_,
,
__ _
~~~'- ,.&t/Ja#;~
'SUSAN P. WATTERS
United States District Judge
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