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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION SUSAN F. FISH, Plaintiff, vs.

FILED
APR 122012
Deputy Clerk

PATRICK E. DUFFY CLERK
BY_--w.:=~_ _

U.S. DISTRICT COURT BILLINGS DIVISION

CV-11-99-BLG-RFC-CSO

JO ACTON, ROBERT PAUL, SUE ORAND, ANNAMAE DERRICK, MARK HARTMAN, CHARLOTTE DOLEZAL, and MIKE FERRITER, Defendants.

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS OF U.S. MAGISTRATE JUDGE

United States Magistrate Judge Carolyn Ostby has entered Findings and Recommendation recommending that Fish's Motion for Default Judgment (doc. 11) be denied and that Defendants' Motion to Dismiss (doc. 12) also be denied.

Doc. 16. Judge Ostby recommends the motion to dismiss be denied because (1)
Defendants did not comply with L.R. 7.1 (c) by stating whether they confirmed Fish's consent or opposition before filing their motion and (2) there is good cause for extending the time for service of the Complaint since Fish is a prisoner proceeding pro se whose only failure in service was failing to provide copies of

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the Complaint to the Sheriffs Deputies she hired to serve this lawsuit. Since Fish has not properly served the Complaint, Judge Ostby recommends her Motion for Default Judgment be denied. Upon service of a magistrate judge's findings and recommendation, a party has 14 days to file written objections. 28 U.S.C.

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