Butler v. Neuberger Berman Management LLC

Filing 9

ORDER: The Court ADOPTS Magistrate Judge Jelderks' Findings & Recommendation 5 , and therefore, Plaintiff's complaint is dismissed. In addition, Plaintiff's Motion for Appointment of Pro-Bono Counsel 8 is denied. If Plaintiff wishes to file an amended complaint, she must do so within 30 days of the date below. Signed on 5/10/2017 by Judge Marco A. Hernandez. (jtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JANELL RENE BUTLER,
Plaintiff,
No. 3:17-cv-00498-JE
v.
ORDER
NEUBERGER BERMAN
MANAGEMENT LLC,
Defendant.
HERNÁNDEZ, District Judge:
Magistrate Judge Jelderks issued a Findings and Recommendation [5] on April 12, 2017,
in which he recommends that this Court dismiss Plaintiff’s complaint. In addition, on April 17,
2017, Judge Jelderks referred Plaintiff’s Motion for Appointment of Pro-Bono Counsel [8] to
this Court. 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. Furthermore, because this Court adopts Judge
Jelderks’ recommendation to dismiss Plaintiff’s complaint, the Court declines to appoint pro
bono counsel for Plaintiff.
CONCLUSION
The Court ADOPTS Magistrate Judge Jelderks’ Findings & Recommendation [5], and
therefore, Plaintiff’s complaint is dismissed. In addition, Plaintiff’s Motion for Appointment of
Pro-Bono Counsel [8] is denied. If Plaintiff wishes to file an amended complaint, she must do so
within 30 days of the date below.
IT IS SO ORDERED.

DATED this ___________________ day of _________________________, 2017.

________________________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER