Benton v. John Doe 1 et al

Filing 139

ORDER: The Court ADOPTS Magistrate Judge You's Findings & Recommendation 128 . Accordingly, Plaintiff's Motion to Strike 111 is denied and Plaintiff's Alternative Motion to Dismiss 111 is granted. Signed on 10/12/2017 by Judge Marco A. Hernandez. (joha)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
GREGORY BENTON,

No. 3:13-cv-00613-YY

Plaintiff,
v.
LEGACY HEALTH and CHRISTOPHER
McDONALD,

ORDER

Defendants.
HERNANDEZ, District Judge:
Magistrate Judge You issued a Findings and Recommendation (#128) on August 11,
2017, in which she recommends that this Court deny Plaintiff's motion to strike and grant
Plaintiff's alternative motion to dismiss counterclaims. The matter is now before me 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, I am relieved of my obligation to review the record de novo. United States v. ReynaTapia, 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

1 - ORDER

report to which objections have been made). Having reviewed the legal principles de novo, I find
no error.
CONCLUSION
The Court ADOPTS Magistrate Judge You's Findings & Recommendation [128].
Accordingly, Plaintiff's Motion to Strike [111] is denied and Plaintiff's Alternative Motion to
Dismiss [111] is granted.
IT IS SO ORDERED.
DATED this

day of

, 2017.

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER