Cardenas-Pulido v. Monk et al

Filing 89

OPINION & ORDER: The Court ADOPTS Magistrate Judge Acostas F&R 77 , and therefore, Defendants motions to dismiss 59 , 60 are GRANTED and this case is dismissed with prejudice. Signed on 3/22/2018 by Judge Marco A. Hernandez. (joha)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON CESAR CARDENAS PULIDO, Plaintiff, No. 3:15-cv-01992-AC OPINION & ORDER v. WALTER MONK, JOHN DOES 1 – 10, and UNITED STATES OF AMERICA, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge John Acosta issued his Findings & Recommendation (“F&R”) [77] on November 17, 2017, recommending that Defendants’ motions to dismiss Plaintiff’s Complaint with prejudice be granted. Plaintiff has timely filed objections [83] to the F&R. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). 1 – ORDER When a party objects to any portion of the Magistrate Judge’s F&R, 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. ReynaTapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). The Court has carefully considered the objections and concludes there is no basis to modify the F&R. The Court has also reviewed the pertinent portions of the record de novo and find no errors in the Magistrate Judge’s F&R. CONCLUSION The Court ADOPTS Magistrate Judge Acosta’s F&R [77], and therefore, Defendants’ motions to dismiss [59], [60] are GRANTED and this case is dismissed with prejudice. IT IS SO ORDERED. DATED this _______ day of ____________________, 2018. MARCO A. HERNÁNDEZ United States District Judge 2 – ORDER

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