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BLACK v. HASELTON, 3:12-cv-02213-HU (Lead Case) (2014)

Court: District Court, D. Oregon Number: infdco20140205d86 Visitors: 13
Filed: Feb. 04, 2014
Latest Update: Feb. 04, 2014
Summary: ORDER MARCO A. HERNANDEZ, District Judge. Magistrate Judge Dennis James Hubel issued a Findings and Recommendation [40] on November 21, 2013, recommending that Defendants' motion to dismiss [22] be granted and that this action be dismissed with prejudice. Plaintiffs filed timely objections to the Magistrate Judge's Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure. When any party objects to any por
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ORDER

MARCO A. HERNANDEZ, District Judge.

Magistrate Judge Dennis James Hubel issued a Findings and Recommendation [40] on November 21, 2013, recommending that Defendants' motion to dismiss [22] be granted and that this action be dismissed with prejudice. Plaintiffs filed timely objections to the Magistrate Judge's Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure.

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, as here, 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 Plaintiffs' objections and conclude that these objections do not provide a basis to modify the Findings and Recommendation. I have also reviewed the pertinent portions of the record de novo and find no error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS the Magistrate Judge's Findings and Recommendation [22]. Accordingly, Defendants' motion to dismiss [22] is GRANTED and this action is dismissed with prejudice.

IT IS SO ORDERED.

Source:  Leagle

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