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WONG v. ROSENBLATT, 3:13-02209-ST. (2014)

Court: District Court, D. Oregon Number: infdco20140414a46 Visitors: 11
Filed: Apr. 11, 2014
Latest Update: Apr. 11, 2014
Summary: ORDER ANNA J. BROWN, District Judge. Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#112) on March 4, 2014, in which she recommends this Court dismiss this action without prejudice for lack of subject matter jurisdiction. On April 7, 2014, this Court took under advisement Plaintiffs' Motion (#3) to Appoint Receiver and/or Motion for Preliminary Injunction and review of the Magistrate Judge's Findings and Recommendation (#112). No objections were filed to the Magistrate
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ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#112) on March 4, 2014, in which she recommends this Court dismiss this action without prejudice for lack of subject matter jurisdiction. On April 7, 2014, this Court took under advisement Plaintiffs' Motion (#3) to Appoint Receiver and/or Motion for Preliminary Injunction and review of the Magistrate Judge's Findings and Recommendation (#112).

No objections were filed to the Magistrate Judge's Findings and Recommendations. On March 17, 2014 before the deadline to file objections, however, Plaintiffs filed a Motion Motion (#126) for Leave to file a Third Amended Complaint (which the Court notes should be a reference to a Second Amended Complaint). The Magistrate Judge entered an Order (#138) taking Plaintiff's Motion (#126) for Leave under advisement on April 21, 2014.

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. See also 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 bane). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#112) and DISMISSES without prejudice Plaintiffs' First Amended Complaint (#98) for lack of subject matter jurisdiction. The Court also DENIES Plaintiffs' Motion (#3) to Appoint Receiver and/or for Preliminary Injunction for lack of subject matter jurisdiction. The Court's ruling herein is without prejudice to the Magistrate Judge's consideration of Plaintiffs' Motion (#126) for Leave to Amend.

IT IS SO ORDERED.

Source:  Leagle

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