Larson v. The Bank of New York Mellon C/O Bank of America N.A. et al

Filing 18

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Signed by Judge Dana L. Christensen on 3/31/2016. (APP, ) Copy mailed to Larson this date.

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION
SCOTT B. LARSON,

MAR 3 1 2016
Clerk, U.S. District Court
District Of Montana
Missoula

CV 15-81-M-DLC-JCL

Plaintiff,
ORDER
vs.
THE BANK OF NEW YORK
MELLON C/O BANK OF AMERICA,
N.A., MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.,
FIRST AMERICAN TITLE
COMPANY OF MONTANA, INC.,
RECON TRUST COMPANY, N.A.,
and all other Does or John Does or
parties known or unknown thereof,
Defendants.
United States Magistrate Judge Jeremiah C. Lynch entered his Findings and
Recommendation on February 29, 2016, recommending dismissal of Plaintiff
Scott Larson's ("Larson") claims. Larson failed to timely object to the Findings
and Recommendations, and so waived his right to de novo review of the record.
28 U.S.C. § 636(b)(l)(C). 1 This Court reviews for clear error those findings and
1

The docket in this matter reflects that Larson contacted the Clerk of Court on February
16, 2016, and stated that he would be submitting objections to the Findings and
Recommendation. The deadline for objections was February 18, 2016. Almost two weeks have
passed since this deadline and Larson has not yet filed his objections. The Court declines to wait
any longer.

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recommendations to which no party objects. See McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981); Thomas v.
Arn, 474 U.S. 140, 149 (1985). 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) (citations omitted).

Having reviewed the Findings and Recommendations, the Court agrees with
Judge Lynch's recommendation that this case should be dismissed without
prejudice because Larson has failed to serve Defendants within the time permitted
by Federal Rule of Civil Procedure 4(m), or within the extension of time permitted
by the Court.
There being no clear error in Judge Lynch's Findings and
Recommendations, IT IS ORDERED that:
(1) Judge Lynch's Findings and Recommendations (Doc. 17) are
ADOPTED IN FULL.
(2) This action is DISMISSED WITHOUT PREJUDICE due to Larson's
failure to effect service of process within the time permitted under Rule 4(m), or
within the extension of the time granted by the Court.

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Dated this

"3\~+ day of March, 2015.
Dana L. Christensen, Chief Judge
United States District Court

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