Black Pearl v. Weid et al

Filing 18

ORDER: The Magistrate Judge's Findings and Recommendation 16 is adopted. Defendant Weid's Motion to Dismiss 12 is granted. Defendant United States' Motion to Dismiss for Lack of Jurisdiction 10 is granted< /b> on grounds that - pursuant to the Complaint as pled - the court lacks personal jurisdiction over Black Pearl's claims. This action dismissed without prejudice. If plaintiff fails to file a Complaint compliant with the legal principles presented in the Findings and Recommendation by November 6, 2009, this action will be dismissed with prejudice. Signed on October 6th, 2009 by Judge Ancer L. Haggerty. (eo)

FILED'09 [ 0 0611 :04USDC·Il<P

UNITED S T A T E S D I S T R I C T C O U R T F O R T H E D I S T R I C T OF O R E G O N B L A C K PEARL, Plaintiff,
v.

Civil No. 09-592-PK ORDER

JOHN M. WElD, JAMES F. BERNATAWICZ, JOHN DOE 1-2, a n d U N I T E D S T A T E S OF AMERICA, Defendants.

H A G G E R T Y , D i s t r i c t Judge: Magistrate Judge Papak issued a Findings and Recommendation [16] in this action that recommended granting defendant Weid's Motion to Dismiss [12], and granting defendant United States' Motion to Dismiss for Lack o f Jurisdiction [10] "as to the argument that the court lacks personal jurisdiction over Black Pearl's claims," therefore dismissing the action. Findings and Recommendation at 8.

1

-ORDER

The Findings and Recommendation also concluded that i f p l a i n t i f f failed to file a Complaint compliant with the legal principles presented in the Findings and Recommendation within thirty days, a final Judgment should issue. No objections were filed to this Findings and Recommendation, and the case was referred to me. The matter is now before me pursuant to 28 U . S . c . § 6 3 6 ( b ) ( l ) ( B ) and Federal Rule o f Civil Procedure n ( b ) . When no timely objection is filed, the court need only satisfY i t s e l f that there is no clear error on the face o f the record in o r d e r to accept the recommendation o f the Magistrate. Campbell v. United States District Court, 501 F.2d 196 (9th Cir. 1974). No clear error appears o n the face o f the record. This court adopts the Findings and Recommendation. CONCLUSION The Magistrate Judge's Findings and Recommendation [16] is adopted. Defendant Wei d's Motion to Dismiss [12] is granted. Defendant United States' Motion to Dismiss for Lack o f Jurisdiction [10] is granted on grounds that - pursuant to the Complaint as pled - the court lacks p e r s o n a l j u r i s d i c t i o n o v e r B l a c k Pearl's claims. T h i s a c t i o n d i s m i s s e d w i t h o u t prejudice. I f p l a i n t i f f fails to file a Complaint compliant with the legal principles presented in the Findings and Recommendation by November 6 , 2 0 0 9 , this action will b e dismissed with prejudice. IT IS SO ORDERED. D a t e d this

(p day of October, 2009.

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United States District J u d g e

2

-ORDER