Estate of Ostby v. Yellowstone Cnty.

Full title: ESTATE OF MICHAEL OSTBY, et al., Plaintiffs, v. YELLOWSTONE COUNTY…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION

Date published: Feb 27, 2019

CV 17-124-BLG-SPW (D. Mont. Feb. 27, 2019)

Opinion

CV 17-124-BLG-SPW

02-27-2019

ESTATE OF MICHAEL OSTBY, et al., Plaintiffs, v. YELLOWSTONE COUNTY, Defendants.

SUSAN P. WATTERS United States District Judge

ORDER ADOPTING MAGISTRATE'S FINDINGS AND RECOMMENDATIONS

The United States Magistrate Judge filed Findings and Recommendations on January 24, 2019. (Doc. 79). The Magistrate recommended the Court grant Defendant Yellowstone County's motion for judgment on the pleadings. (Doc. 79 at 12-13).

Pursuant to 28 U.S.C. § 636(b)(1), parties are required to file written objections within 14 days of the filing of the Magistrate's Findings and Recommendation. No objections were filed. When neither party objects, this Court reviews the Magistrate's Findings and Recommendation for clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). 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 Recommendation, this Court does not find that the Magistrate committed clear error.

IT IS ORDERED that the proposed Findings and Recommendations entered by the United States Magistrate Judge (Doc. 79) are ADOPTED IN FULL.

IT IS FURTHER ORDERED Yellowstone County's motion for judgment on the pleadings (Doc. 56) is GRANTED with leave to amend as to the § 1983 claim against Yellowstone County and without leave to amend as to the individual claims of Nicole Hale, Joe Ostby, and Cassandra Ostby.

DATED this 27^th day of February, 2019.

/s/_________

SUSAN P. WATTERS

United States District Judge