Blocker v. Bandmine.com et al

Filing 98

OPINION and ORDER - I agree with Judge Acosta's recommendation and I ADOPT the F&R 96 as my own opinion. The claims against the remaining defendants, Webnames and Bandmine, are dismissed without prejudice, for lack of prosecution.IT IS SO ORDERED. DATED this 8th day of June, 2018, by Chief United States District Judge Michael W. Mosman. (copy mailed to plaintiff) (peg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

TYRONE BLOCKER,
No. 3:16-cv-1709-AC
Plaintiff,
OPINION AND ORDER
v.

BANDMINE.COM, et al.,
Defendants.

MOSMAN,J.,
On May 14, 2018, Magistrate Judge John V. Acosta issued his Findings and
Recommendation (F &R) [96], recommending that the claims against the remaining defendants,
Webnames and Bandmine, should be dismissed without prejudice, for lack of prosecution. No
objections were filed.

DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. The court is not bound by the recommendations of the magistrate judge,
but retains responsibility for making the final determination. The court is generally required to
make a de novo determination regarding those portions of the report or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of

1 - OPINION AND ORDER

the magistrate judge as to those portions of the F&R to which no objections are addressed. See

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121
(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R
depends on whether or not objections have been filed, in either case, I am free to accept, reject,
or modify any part of the F&R. 28 U.S.C. § 636(b)(l)(C).
Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R [96]
as my own opinion. The claims against the remaining defendants, Webnarnes and Bandmine, are
dismissed without prejudice, for lack of prosecution.
IT IS SO ORDERED.
DATED this

of June, 2018.

Chief United States District Judge

2 - OPINION AND ORDER