Capital One Bank (USA), N.A. v. Clark

Filing 11

ORDER: The Court ADOPTS Magistrate Judge Beckermans Findings & Recommendation 8 . Accordingly, Plaintiffs Motion to Remand 4 is GRANTED and this case is DISMISSED. Signed on 4/18/2017 by Judge Marco A. Hernandez. (jp) Modified on 4/19/2017 to correct filing date(jp).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON CAPITAL ONE BANK (USA), N.A., Plaintiff, No. 3:17-cv-00041-SB ORDER v. JAMES E. CLARK, Defendant. HERNÁNDEZ, District Judge: Magistrate Judge Stacie F. Beckerman issued a Findings and Recommendation [8] on March 27, 2017, in which she recommends that the Court grant Plaintiff’s Motion to Remand [4]. Because neither party timely filed an objection to the Magistrate Judge’s Findings and Recommendation, 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, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of 1 – ORDER 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 Beckerman’s Findings & Recommendation [8]. Accordingly, Plaintiff’s Motion to Remand [4] is GRANTED and this case is DISMISSED. IT IS SO ORDERED. DATED this day of , 2017. ____________________________________ MARCO A. HERNÁNDEZ United States District Judge 2 – ORDER

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