Hayes v. Persinger et al

Filing 41

ORDER: Adopting the Magistrate's Findings and Recommendation 37 . Defendants' Motion for Summary Judgment 26 is Granted and this case is Dismissed with prejudice. Signed on 1/9/19 by Judge Marco A. Hernandez. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LAMON HAYES,

No. 2:18-cv-00074-JR
Plaintiff,

ORDER

v.
NURSE PERSINGER, NURSE
UNDERHILL, NURSE ROBBINS,
NURSE PRACTITIONER D. LOZIER,
NURSE JANE DOE, and EOCI
MEDICAL,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Russo issued a Findings and Recommendation [37] on November 13,
2018, in which she recommends that the Court grant Defendants’ Motion for Summary Judgment
[26] and dismiss this case. The matter is now before the Court pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, the Court is relieved of its obligation to review the record de novo. United States v.
1 - ORDER

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v.
Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of
Magistrate Judge’s report to which objections have been made). Having reviewed the legal
principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Russo’s Findings and Recommendation [37].
Accordingly, Defendants’ Motion for Summary Judgment [26] is GRANTED, and this case is
dismissed with prejudice.
IT IS SO ORDERED.

DATED this

day of ______________________, ________

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER