Bricker v. Tri-Met

Filing 29

ORDER: The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation 22 and, therefore, Defendants motion to dismiss 15 is granted. This case is dismissed with prejudice. See 2-page order attached. Signed on 5/14/2013 by Judge Marco A. Hernandez. (mr)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JENNIE BRICKER, Plaintiff, No. 03:12-cv-01868-HU v. TRI-MET, ORDER Defendant. HERNANDEZ, District Judge: Magistrate Judge Hubel issued a Findings and Recommendation [#22] on February 28, 2013, in which he recommends dismissing this case with prejudice in its entirety. Plaintiff timely filed objections to the Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). 1 - ORDER I have carefully considered Plaintiff’s objections and conclude that the objections do not provide a basis to modify the Findings and Recommendation. I have also reviewed the pertinent portions of the record de novo and find no error in the Magistrate Judge's Findings and Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation [#22] and, therefore, Defendant’s motion to dismiss [#15] is granted. This case is dismissed with prejudice. IT IS SO ORDERED. DATED this day of , 2013. ___________________________________ MARCO A. HERNANDEZ United States District Judge 2 - ORDER

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