Hubbard v. Gardner et al

Filing 54

ORDER: Adopting the Magistrate's Findings and Recommendation 44 . Defendant Farmers Insurance Company's Motion to Dismiss 29 is Granted. Plaintiff's claim against Defendant is Dismissed without prejudice. Signed on 9/13/17 by Judge Marco A. Hernandez. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ROBERT G. HUBBARD, JR.,
No 3:17-cv-00450-PK
Plaintiffs,
ORDER
v.
ALVIN GARDNER; UNKNOWN
PARTIES, named as John and Jane
Does 1-10; and FARMERS INSURANCE
COMPANY;
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [44] on July 25, 2017, in
which he recommends that this Court grant Defendant Farmers Insurance Company’s Motion to
Dismiss [29]. The matter is now before the 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, the Court is relieved of its obligation to review the record de novo. United States v.

1 - ORDER

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
Magistrate Judge's report to which objections have been made). Having reviewed the legal
principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [44].
Accordingly, Defendant Farmers Insurance Company’s Motion to Dismiss [29] is granted.
Plaintiff’s claim against Defendant is dismissed without prejudice.
IT IS SO ORDERED.

DATED this ________________ day of _________________________________ , 2017.

____________________________________________________
MARCO A. HERNÁNDEZ
United States District Judge

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