Wilhite v. Littlelight

Opinion

IN THE UNITED STATES DISTRICT COURT FI □ FOR THE DISTRICT OF MONTANA BILLINGS DIVISION JUL 15 2021 Clerk, U S District Cou District or Montana TAMMY WILHITE, CV 19-20-BLG-SPW Plaintiff, Consolidated with: CV 19-102-BLG-SPW vs. ORDER ADOPTING PAUL LITTLELIGHT, LANA MAGISTRATE’S FINDINGS THREE IRONS, HENRY PRETTY AND RECOMMENDATIONS ON TOP, SHANNON BRADLEY, and CARLA CATOLSTER, Defendants.

~TAMMY WILHITE, Plaintiff, VS. UNITED STATES, Defendant.

The United States Magistrate Judge filed Findings and Recommendations on June 29, 2021. (Doc. 55). The Magistrate recommended that Defendants’ Motion to Stay and Defendants’ Petition for FTCA Certification Pursuant to the Westfall Act should be denied. (Doc. 55 at 2).

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. 55) are ADOPTED IN FULL. IT IS FURTHER ORDERED that Defendants’ Petition for FTCA Certification Pursuant to the Westfall Act (Doc. 35) is DENIED. IT IS FURTHER ORDERED that Defendants’ Motion to Stay Proceedings Pending Resolution of Petition for FTCA Certification (Doc. 33) is DENIED AS MOOT. DATED this /¥ Gay of July, 2021. Laewar COMM SUSAN P. WATTERS United States District Judge