Tran v. Kuehl et al

Filing 47

ORDER: The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (# 45 ). Accordingly, the Court GRANTS Defendants' Motions (# 12 , # 19 ) to Dismiss Plaintiff's Complaint without prejudice. Plaintiff has leave to file an amended complaint by March 3, 2017. This matter is returned to the Magistrate Judge for further proceedings. Signed on 2/2/17 by Judge Anna J. Brown. (eo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LINH THI MINH TRAN,

3:16-cv-00707-AC

Plaintiff,

ORDER

v.

DARRYN J. KUEHL, BENJAMIN
J. TOOPS and RYAN KERSEY,
Defendants.

BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation (#45) on January 5, 2017, in which he recommends
this Court grant Defendants' Motions

(#12, #19) to Dismiss

Plaintiff's Complaint with leave to amend.
before this Court pursuant to 28 U.S.C.
Rule of C

§

The matter is now
636(b) (1) (B) and

1 Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and
Recommendation were time

filed, this Court is relieved of its

obligation to review the record de novo.
1 - ORDER

See Dawson v. Marshall,

561 F.3d 930, 932

(9th Cir. 2009).

See also United States v.

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

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings and
Recommendation (#45).

Accordingly, the Court GRANTS Defendants'

Motions (#12, #19) to Dismiss Plaintiff's Complaint without
prejudice.

Plaintiff has leave to file an amended complaint by

March 3, 2017.

This matter is returned to the Magistrate Judge

for further proceedings.
IT IS SO ORDERED.
DATED this ~day of February, 2017.

ANNA~

United States District Judge

2 - ORDER