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, )

Download PDF
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 1 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?