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King v. Dallas Mennonite Retirement Community, Inc., 3:17-cv-01959-JR. (2018)

Court: District Court, D. Oregon Number: infdco20181120f58 Visitors: 2
Filed: Nov. 19, 2018
Latest Update: Nov. 19, 2018
Summary: ORDER MARCO A. HERNANDEZ , District Judge . Magistrate Judge Papak 1 issued a Findings & Recommendation (#23) on June 27, 2018, in which he recommends the Court grant Defendant's motion to set aside an order of default. Plaintiff has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, the d
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ORDER

Magistrate Judge Papak1 issued a Findings & Recommendation (#23) on June 27, 2018, in which he recommends the Court grant Defendant's motion to set aside an order of default. Plaintiff has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).

I have carefully considered Plaintiff's objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation [23], and therefore, Defendant's motion to set aside the order of default, [15] is granted.

IT IS SO ORDERED.

FootNotes


1. After the filing of the Findings & Recommendation, this case was reassigned to Magistrate Judge Russo.
Source:  Leagle

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