Braun v. Federal Communications Commission

Filing 19

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS 17 in full; granting 16 Motion to Withdraw Previous Request to Keep this Case Open; denying as moot 18 Motion for Court to Investigate. Matter DISMISSED WITHOUT PREJUDICE. Signed by Judge Susan P. Watters on 2/23/2016. (TAG, )

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

FILED
FEB 2 3 2016
Clerk. U.S. District Court
District Of Montana
Billings

DAVID STEVEN BRAUN,
CV 15-75-BLG-SPW
Plaintiff,
vs.

ORDER

FEDERAL COMMUNICATIONS
COMMISSION,
Defendant.
Pending before the Court is Plaintiff David Steven Braun's Motion to
Withdraw Previous Request to Keep this Case Open. (Doc. 16). United States
Magistrate Judge Carolyn Ostby issued Findings and Recommendations on
February 8, 2016, in which she construed Braun's motion as a motion to
voluntarily dismiss his case pursuant to Rule 4l(a)(l) of the Federal Rules of Civil
Procedure.
Pursuant to 28 U.S.C. § 636(b)(l), the Federal Communications
Commission had 14 days to file written objections after Judge Ostby's Findings
and Recommendations were filed. No objections were filed. When neither party
objects, this Court must still review 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
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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. 17) are ADOPTED
IN FULL.
2. Braun's Motion to Withdraw Previous Request to Keep this Case Open
(doc. 16) is GRANTED and this matter is DISMISSED WITHOUT PREJUDICE.
3. Braun's Motion for Court to Investigate (doc. 18) is DENIED as moot.
4. The Clerk of Court is directed to close this matter and terminate all
pending motions.
d.

DATED thises?d'day ofFebruary 2016.

J

~~~~=--L~-·~u~~~t::l.?~~~~~~~

/SUSANP:WATTERS
United States District Judge

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