Wynia v. SPF Energy, Inc et al

Filing 31

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS IN FULL. FURTHER ORDERED THAT 25 Motion for Entry of Default IS DENIED Signed by Judge Susan P. Watters on 10/11/2017. (AMC)

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

JOSH WYNIA,
CV 16-173-BLG-SPW
Plaintiff,
vs.

ORDER ADOPTING
MAGISTRATE'S FINDINGS
AND RECOMMENDATIONS

SPF ENERGY, INC. and FARSTAD
OIL, INC.,
Defendants.

Before the Court are United States Magistrate Judge Timothy Cavan's
Findings and Recommendations filed on September 20, 2017. (Doc. 30). Judge
Cavan recommends that this Court deny Plaintiff Josh Wynia's Motion of Entry of
Default (Doc. 25).
Pursuant to 28 U.S.C. § 636(b)(l), the parties were required to file written
objections within 14 days of the filing of Judge Cavan's Findings and
Recommendations. No objections were filed. When neither party objects, this
Court reviews Judge Cavan's Findings and Recommendations for clear error.
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313
(9th Cir. 1981). 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

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422, 427 (9th Cir. 2000). After reviewing the Findings and Recommendations, this
Court does not find that Judge Cavan committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations
entered by United States Magistrate Judge Cavan (Doc. 30) are ADOPTED IN

FULL.
IT IS FURTHER ORDERED that PlaintiffWynia's Motion for Entry of
Default (Doc. 25) is DENIED.
DATEDthis

//~of0ctober2017.

~i'-J~
SUSANP. WATTERS
United States District Judge

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