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IN RE TITECA, CV 14-105-BLG-SPW. (2014)

Court: District Court, D. Montana Number: infdco20141208920 Visitors: 4
Filed: Dec. 04, 2014
Latest Update: Dec. 04, 2014
Summary: OPINION and ORDER SUSAN P. WATTERS, District Judge. Before the Court are the Findings and Recommendations entered by United States Magistrate Judge Carolyn Ostby on November 19, 2014. (Doc. 9). Magistrate Judge Ostby recommends that this Court grant the United States' motion to quash a state order (Doc. 4-21) regarding payment of John Henry Triteca's veteran's benefits and remand the case back to state court. (Doc. 9). Pursuant to 28 U.S.C. 636(b)(1), written objections to Magistrate Judge
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OPINION and ORDER

SUSAN P. WATTERS, District Judge.

Before the Court are the Findings and Recommendations entered by United States Magistrate Judge Carolyn Ostby on November 19, 2014. (Doc. 9). Magistrate Judge Ostby recommends that this Court grant the United States' motion to quash a state order (Doc. 4-21) regarding payment of John Henry Triteca's veteran's benefits and remand the case back to state court. (Doc. 9).

Pursuant to 28 U.S.C. § 636(b)(1), written objections to Magistrate Judge Ostby's Findings and Recommendations were due 14 days after service. No objections were filed. When a party does not object, this Court must review Magistrate Judge Ostby's conclusions for clear en-or. 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 Recommendations, this Court does not find that Magistrate Judge Ostby committed clear error.

Accordingly, IT IS HEREBY ORDERED:

1. Magistrate Judge Ostby's Findings and Recommendations (Doc. 9) are ADOPTED IN FULL.

2. The United States' motion to quash the state order (Doc. 6) is GRANTED and the state order (Doc. 4-21) is hereby quashed.

3. IT IS FURTHER ORDERED that this case be remanded back to the Montana Sixth Judicial District Court, Sweet Grass County.

Source:  Leagle

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