Rutherford v. Pers Center Salem Oregon et al

Filing 13

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings andRecommendation 9 . Accordingly, the Court GRANTS Plaintiffs Amended Application (#8) for Leave to Proceed In Forma Pauperis and DISMISSES this matter pursuant to 28 U.S.C. § 1915(e)(2)(B) without prejudice to Plaintiffs prosecution of the first-filed action, Case No. 3:15-cv-00476-SB. Signed on 09/10/2015 by Judge Anna J. Brown. See attached 3 page Order. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

WALLACE T. RUTHERFORD, JR.,
Plaintiff,

3:15-cv-00639-SB
ORDER

v.
PERS CENTER SALEM OREGON, U.S.
ATTORNEY TREATIES DEPARTMENT
97205, OREGON JUSTICE
DEPARTMENT TREATY ATTORNEYS
97301, and OREGON TREASURY
DEPARTMENT,
Defendants.
BROWN, Judge.
Magistrate Judge Stacie F. Beckerman issued Findings and
Recommendation (#9) on July 8, 2015, in which she recommends this
Court grant Plaintiff’s Amended Application (#8) for Leave to
Proceed In Forma Pauperis and dismiss Plaintiff’s Complaint (#2)
pursuant to 28 U.S.C. § 1915(e)(2)(B) without prejudice to
Plaintiff’s prosecution of the first-filed action, Case No.

1

- ORDER

3:15-cv-00476-SB, including the amendment of Plaintiff’s
Complaint therein to include any related claims or parties.
On August 28, 2015, Plaintiff filed a Notice of Appeal to
the Ninth Circuit from Magistrate Judge Beckerman’s Findings and
Recommendation.

The Magistrate Judge’s Findings and

Recommendation, however, is not a final appealable order, and,
therefore, Plaintiff’s Notice of Appeal is premature and does not
deprive this Court of jurisdiction.
F.2d 371, 372-73 (9th Cir. 1993).
731 F.3d 874, 875 (9th Cir. 2013).

See Serine v. Peterson, 989
See also Burnside v. Jacquez,
The matter is now before this

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, this Court is relieved of its
obligation to review the record de novo.
561 F.3d 930, 932 (9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman's Findings and
Recommendation (#9).

Accordingly, the Court GRANTS Plaintiff’s

Amended Application (#8) for Leave to Proceed In Forma Pauperis
2

- ORDER

and DISMISSES this matter pursuant to 28 U.S.C. § 1915(e)(2)(B)
without prejudice to Plaintiff’s prosecution of the first-filed
action, Case No. 3:15-cv-00476-SB.
IT IS SO ORDERED.
DATED this 10th day of September, 2015.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

3

- ORDER