Pena-Carrillo v. Doe

Filing 46

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation 43 . Accordingly, Defendant's Motion for Summary Judgment 30 is DENIED. IT IS SO ORDERED. Signed on 1/9/2020 by Judge Marco A. Hernandez. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

G. PENA-CARRILLO,
Plaintiff,

No. 2:18-cv-00708-SB
ORDER

v.
CORRECTIONS OFFICER MOORE,
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge Beckerman issued a Findings and Recommendation [43] on December
20, 2019, in which she recommends that the Court deny Defendant’s Motion for Summary
Judgment for Failure to Exhaust Administrative Remedies [30]. 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 Beckerman’s Findings and Recommendation [43].
Accordingly, Defendant’s Motion for Summary Judgment [30] is DENIED.
IT IS SO ORDERED.

DATED ___________________________
January 9, 2020

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER