Felts v. Myers et al

Filing 44

ORDER ADOPTING REPORT AND RECOMMENDATION 39 ; Denying Without Prejudice 31 Defendants' Motion to Dismiss; and Granting 36 Plaintiff's Motion to Stay Proceedings until his pending criminal case has been resolved, (Doc. No. 36). Defendant is ORDERED to file a status report with the Court within fourteen days of the conclusion of the criminal case proceedings. Signed by Judge Anthony J. Battaglia on 1/11/2017.(All non-registered users served via U.S. Mail Service)(acc)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 NORMAN PAUL FELTS, Case No.: 15-cv-1272-AJB-NLS Plaintiff, 12 13 14 17 BONNIE LYNN MYERS, HSI Special Agent; UNITED STATES ATTORNEY’S OFFICE FOR THE SOUTHERN DISTRICT OF CALIFORNIA; DOES 1 THROUGH 10, in their Individual Capacities, 18 ORDER: v. Defendants. 15 16 (1) ADOPTING REPORT AND RECOMMENDATION, (Doc. No. 39); (2) DENYING WITHOUT PREJUDICE DEFENDANTS’ MOTION TO DISMISS, (Doc. No. 31); AND (3) GRANTING PLAINTIFF’S MOTION TO STAY PROCEEDINGS (Doc. No. 36) 19 20 21 22 Presently before the Court is Defendant Bonnie Lynn Myers’s (“Defendant”) motion 23 to dismiss Plaintiff Norman Felts’s (“Plaintiff”) complaint, (Doc. No. 31), and Plaintiff’s 24 motion to put the case in abeyance or alternatively grant an extension of time, (Doc. No. 25 36). The Court referred the matters to Magistrate Judge Nita L. Stormes, who issued a 26 report and recommendation (“R&R”) recommending the Court deny Defendant’s motion 27 to dismiss without prejudice and grant Plaintiff’s motion to stay. (Doc. No. 39.) 28 Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a district 1 15-cv-1272-AJB-NLS 1 judge’s duties in connection with a magistrate judge’s report and recommendation. The 2 district judge must “make a de novo determination of those portions of the report . . . to 3 which objection is made,” and “may accept, reject, or modify, in whole or in part, the 4 findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C); 5 see also United States v. Remsing, 874 F.2d 614, 617–18 (9th Cir. 1989). However, in the 6 absence of timely objections, the Court “need only satisfy itself that there is no clear error 7 on the face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b) 8 advisory committee’s note (1983); see also United States v. Reyna-Tapia, 328 F.3d 1114, 9 1121 (9th Cir. 2003). 10 Neither party timely filed objections to Magistrate Judge Stormes’s R&R. Having 11 reviewed the R&R, the Court finds Magistrate Judge Stormes’s R&R is thorough, well- 12 reasoned, and contains no clear error. Accordingly, the Court hereby (1) ADOPTS 13 Magistrate Judge Stormes’s R&R, (Doc. No. 39), (2) DENIES WITHOUT PREJUDICE 14 Defendant’s motion to dismiss, (Doc. No. 31), and (3) GRANTS Plaintiff’s motion to stay 15 proceedings until his pending criminal case has been resolved, (Doc. No. 36). Defendant 16 is ORDERED to file a status report with the Court within fourteen days of the conclusion 17 of the criminal case proceedings. 18 19 IT IS SO ORDERED. 20 21 Dated: January 11, 2017 22 23 24 25 26 27 28 2 15-cv-1272-AJB-NLS

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