PHIFFER v. SHIRTCLIFF, 10-CV-1120-SU. (2011)
Court: District Court, D. Oregon
Number: infdco20110610b04
Visitors: 5
Filed: Jun. 08, 2011
Latest Update: Jun. 08, 2011
Summary: ORDER ANNA J. BROWN, District Judge. Magistrate Judge Patricia Sullivan issued Findings and Recommendation (#15) on April 14, 2011, in which she recommends this Court grant Defendants' Motion (#3) to Dismiss and grant Plaintiff's Motion (#8) to File an Amended Complaint. The matter is now before this Court pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is
Summary: ORDER ANNA J. BROWN, District Judge. Magistrate Judge Patricia Sullivan issued Findings and Recommendation (#15) on April 14, 2011, in which she recommends this Court grant Defendants' Motion (#3) to Dismiss and grant Plaintiff's Motion (#8) to File an Amended Complaint. The matter is now before this Court pursuant to 28 U.S.C. 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is r..
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ORDER
ANNA J. BROWN, District Judge.
Magistrate Judge Patricia Sullivan issued Findings and Recommendation (#15) on April 14, 2011, in which she recommends this Court grant Defendants' Motion (#3) to Dismiss and grant Plaintiff's Motion (#8) to File an Amended Complaint. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). See also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, the Court does not find any error.
CONCLUSION
The Court ADOPTS Magistrate Judge Sullivan's Findings and Recommendation (#15). Accordingly, the Court GRANTS Defendants' Motion (#3) to Dismiss and GRANTS Plaintiff's Motion (#8) to File an Amended Complaint. The Court DIRECTS Plaintiff to file his Amended Complaint no later than June 30, 2011. The Court advises Plaintiff that failure to file an amended complaint by June 30, 2011, shall result in the dismissal of this proceeding with prejudice.1
IT IS SO ORDERED.
FootNotes
1. A dismissal with prejudice would mean Plaintiff may not be able to bring his claims or related claims against Defendants in any future action.
Source: Leagle
