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Clifford v. Premier Housing, Inc.

United States District Court, D. Kansas
Sep 20, 2006
Civil Action No. 06-1111-MLB (D. Kan. Sep. 20, 2006)

Summary

concluding that probate exception is not applicable to case involving contract for purchase of home and return of downpayment in action filed by conservator

Summary of this case from In re Conservatorship of Gibilisco

Opinion

Civil Action No. 06-1111-MLB.

September 20, 2006


ORDER


On June 27, 2006, defendant's motion to dismiss and plaintiff's motion to amend were referred to Chief Magistrate Judge Karen Humphreys for a Report and Recommendation (Doc. 13). On August 25, 2006, Chief Judge Humphreys filed her recommendation and report recommending that plaintiff's motion to amend be granted and that defendant's motion to dismiss be denied. In her report, Chief Judge Humphreys informed the parties that they had ten days in which to object to the recommendation and report and that if they failed to do so, appellate review of the recommendation and report would be foreclosed. The Tenth Circuit has consistently applied its "firm waiver rule" when a party fails to object to the findings and recommendations of the magistrate in a timely manner. Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). Since neither party has objected to Chief Judge Humphrey's recommendation and report, the court adopts the recommendation and report in its entirety.

IT IS SO ORDERED.


Summaries of

Clifford v. Premier Housing, Inc.

United States District Court, D. Kansas
Sep 20, 2006
Civil Action No. 06-1111-MLB (D. Kan. Sep. 20, 2006)

concluding that probate exception is not applicable to case involving contract for purchase of home and return of downpayment in action filed by conservator

Summary of this case from In re Conservatorship of Gibilisco
Case details for

Clifford v. Premier Housing, Inc.

Case Details

Full title:NATHAN D. CLIFFORD, Plaintiff, v. PREMIER HOUSING, INC., Defendant

Court:United States District Court, D. Kansas

Date published: Sep 20, 2006

Citations

Civil Action No. 06-1111-MLB (D. Kan. Sep. 20, 2006)

Citing Cases

In re Conservatorship of Gibilisco

More fundamentally, there is a question whether the probate exception is even relevant to a conservatorship…

Harris v. Dean

One case specifically relying on Rozio made no such distinction. See Clifford v. Premier Housing, Inc., 2006…