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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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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NORMAN PAUL FELTS,

Case No.: 15-cv-1272-AJB-NLS
Plaintiff,

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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,

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ORDER:

v.

Defendants.

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(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)

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Presently before the Court is Defendant Bonnie Lynn Myers’s (“Defendant”) motion

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to dismiss Plaintiff Norman Felts’s (“Plaintiff”) complaint, (Doc. No. 31), and Plaintiff’s

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motion to put the case in abeyance or alternatively grant an extension of time, (Doc. No.

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36). The Court referred the matters to Magistrate Judge Nita L. Stormes, who issued a

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report and recommendation (“R&R”) recommending the Court deny Defendant’s motion

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to dismiss without prejudice and grant Plaintiff’s motion to stay. (Doc. No. 39.)

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Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a district
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15-cv-1272-AJB-NLS

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judge’s duties in connection with a magistrate judge’s report and recommendation. The

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district judge must “make a de novo determination of those portions of the report . . . to

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which objection is made,” and “may accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C);

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see also United States v. Remsing, 874 F.2d 614, 617–18 (9th Cir. 1989). However, in the

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absence of timely objections, the Court “need only satisfy itself that there is no clear error

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on the face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b)

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advisory committee’s note (1983); see also United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003).

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Neither party timely filed objections to Magistrate Judge Stormes’s R&R. Having

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reviewed the R&R, the Court finds Magistrate Judge Stormes’s R&R is thorough, well-

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reasoned, and contains no clear error. Accordingly, the Court hereby (1) ADOPTS

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Magistrate Judge Stormes’s R&R, (Doc. No. 39), (2) DENIES WITHOUT PREJUDICE

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Defendant’s motion to dismiss, (Doc. No. 31), and (3) GRANTS Plaintiff’s motion to stay

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proceedings until his pending criminal case has been resolved, (Doc. No. 36). Defendant

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is ORDERED to file a status report with the Court within fourteen days of the conclusion

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of the criminal case proceedings.

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IT IS SO ORDERED.

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Dated: January 11, 2017

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