Swanson v. Morrow, et al

Filing 37

ORDER: The Court ADOPTS Magistrate Judge Hubel's Findings & Recommendation 26 . Accordingly, Defendant Gregorio's motion to dismiss 8 is denied. See 2-page order attached. Signed on 7/29/2014 by Judge Marco A. Hernandez. (mr)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JAMES ROLLAND SWANSON, Plaintiff, No. 03:14-cv-00025-HU v. JEB MORROW, an individual; KENNETH BUSHNELL, an individual; OZZIE GREGORIO, an individual; and the F/V HEIDI, a fishing vessel, home ported in Petersburg, Alaska, official number 227373, ORDER Defendants. HERNANDEZ, District Judge: Magistrate Judge Hubel issued a Findings and Recommendation (#26) on June 25, 2014, in which he recommends that this Court deny Defendant Gregorio's motion to dismiss. The matter is now before me pursuant to 28 U.S.C. ยง 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. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v. Bernhardt, 1 - ORDER 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, I find no error. CONCLUSION The Court ADOPTS Magistrate Judge Hubel's Findings & Recommendation [26]. Accordingly, Defendant Gregorio's motion to dismiss [8] is denied. IT IS SO ORDERED. DATED this day of , 2014. MARCO A. HERNANDEZ United States District Judge 2 - ORDER

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