Haight v. United States of America

Filing 18

OPINION AND ORDER: Adopting Judge Mark D. Clarke's Findings and Recommendation 14 in its entirety and the Defendant's Motion to Set Aside the Default Judgment 9 is granted because the state court default judgment is void due to improper service on the USDA. Signed on 6/1/2017 by Judge Michael J. McShane. (cp) Modified on 6/2/2017 to add the word Opinion to the docket text(cp).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

TRISHA R. HAIGHT,
Plaintiff,

Civ. No. 1:17-cv-00014-CL

V.

OPINION and ORDER

THE UNITED STATES OF AMERICA,
Defendant.

MCSHANE, Judge:
Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 14)
and the matter is now before this court. See 28 U.S.C. § 636(b)(l)(B), Fed. R. Civ. P. 72. After
having reviewed the legal principles and the Plaintiff's Objections (ECF No. 17), I find no error
and conclude it is correct. United States v. Bernhardt, 840 F .2d 1441, 1445 (9th Cir. 1998).

1 - OPINION AND ORDER

Judge Clarke's Findings and Recommendation is adopted in its entirety and the
Defendant's Motion to Set Aside the Default Judgment (ECF No. 9) is GRANTED because the
state court default judgment is void due to improper service on the USDA.
IT IS SO ORDERED.

DATED this 1st day of June, 2017.

Michael J. McShane
United States District Judge

2 - OPINION AND ORDER