Swearingen v. Mnuchin et al

Filing 21

ORDER: The Court adopts the F&R 15 in its entirety. Plaintiff's Motion for Remand 9 is DENIED, and defendants' Motion to Dismiss 8 is GRANTED. Accordingly, this action is dismissed, with prejudice. Signed on 9/19/2019 by Judge Ann L. Aiken. (Mailed to Pro Se party on 9/20/2019.) (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

·wrLEY SHREVE SvVEARINGEN'
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Plaintiff,

Case No. l:19-cv-00586-CL

ORDER

v.
STEVEN TERNER MNUCHIN, DAVID
J. KAUTLER, CHERYL CARDERO,
G.J. CARTER-LOUIS, UNITED STATES,
Defendants.
AIKEN, District Judge:
Magistrate Judge lVIark Clarke has filed his Findings and Recommendation
("F&R") (doc. 15) recommending that plaintiffs Motion to Remand (doc. 9) be denied
and that defendants' Motion to Dismiss be granted. (doc. 8) This case is now before
me. See 28 U.S.C. § 636(b)(l)(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)(l); McDonnell Douglas Corp. v. Commodore

Page 1 - ORDER

Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied, 455 U.S.
920 (1982). Plaintiff has filed timely objections (doc. 19) to the F&R and defendant's
have filed a timely response to those objections. (doc. 20) 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 Judge Clarke's F&R. Thus, the Court adopts the F&R (doc. 15) in
its entirety.

Plaintiffs Motion for Remand (doc. 9) is DENIED, and defendants'

Motion to Dismiss (doc. 8) is GRANTED. Accordingly, this action is dismissed, with
prejudice.
It is so ORDERED this 19th day of September, 2019.

Ann Aiken
United States District Judge

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