Vida v. Mcgowen

Filing 5

ORDER The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation 3 . Accordingly, Plaintiff's Complaint (#1) is dismissed without prejudice and the Court grants Plaintiff leave to amend. Any amended complaint is due within 14 days of the date of this order. IT IS SO ORDERED. DATED this 15th day of June, 2017, by United States District Judge Marco A. Hernandez. (copy mailed to plaintiff) (peg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

GEORGE VIDA,
Plaintiff,

v.

No. 3:17-cv-0484-AC

ORDER

JOSHUA MCGOWEN,
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge John Acosta issued a Findings and Recommendation [3] on March 30,
2017, in which he recommends dismissing Plaintiff’s Complaint without prejudice.
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 Magistrate

1 – ORDER

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 Acosta’s Findings & Recommendation [3].
Accordingly, Plaintiff’s Complaint [1] is dismissed without prejudice and the Court grants
Plaintiff leave to amend. Any amended complaint is due within fourteen days of the date of this
Order.
IT IS SO ORDERED.

DATED this

day of

, 2017.

____________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER