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Van Pounds v. Smith, 6:19-cv-00420-CL. (2019)

Court: District Court, D. Oregon Number: infdco20190924631 Visitors: 11
Filed: Sep. 18, 2019
Latest Update: Sep. 18, 2019
Summary: ORDER ANN AIKEN , District Judge . Magistrate Mustafa Kasubhai has filed his Findings and Recommendation ("F&R") (doc. 13) recommending that defendants' Motion to Dismiss (doc. 8) be granted. This case is now before me. See 28 U.S.C. 636(b)(1)(B) and Fed. R. Civ. P. 72(b). When either party objects to any portion of a magistrate judge's F&R, the district court must make a de novo determination of that portion of the magistrate judge's report. See 28 U.S.C. 636(b)(1); McDonnell D
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ORDER

Magistrate Mustafa Kasubhai has filed his Findings and Recommendation ("F&R") (doc. 13) recommending that defendants' Motion to Dismiss (doc. 8) be granted. This case is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b).

When either party objects to any portion of a magistrate judge's F&R, the district court must make a de novo determination of that portion of the magistrate judge's report. See 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied, 455 U.S. 920 (1982). Plaintiff has filed timely objections (doc. 15) to the F&R and defendant's have filed a timely response to those objections. (doc. 16) Thus, this Court reviews the F&R de novo.

Having reviewed the objections as well as the entire file of this case, the Court finds no error in Magistrate Judge Kasubhai's F&R. Accordingly, the Court adopts the F&R (do. 13) in its entirety. Defendants' Motion to Dismiss is GRANTED, and this case is dismissed with prejudice. All other pending motions are DENIED as moot.

It is so ORDERED.

Source:  Leagle

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