Carroll v. United States of America

Filing 9

ORDER: The Court ADOPTS Magistrate Judge Jelderks's Findings & Recommendation 6 . Accordingly, Defendant's motion to dismiss 3 is granted, and this action is dismissed without prejudice. Signed on 8/2/2017 by Judge Marco A. Hernandez. (jtj)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DANIEL CARROLL, No. 3:17-cv-00587-JE Plaintiff, v. UNITED STATES OF AMERICA, ORDER Defendant. HERNANDEZ, District Judge: Magistrate Judge Jelderks issued a Findings and Recommendation (#6) on July 12, 2017, in which he recommends that this Court grant Defendant's motion to dismiss Plaintiff's Complaint. The matter is now before me pursuant to 28 U.S.C. ยง 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, I am relieved of my obligation to review the record de novo. United States v. ReynaTapia, 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, I find 1 - ORDER no error. CONCLUSION The Court ADOPTS Magistrate Judge Jelderks's Findings & Recommendation [6]. Accordingly, Defendant's motion to dismiss [3] is granted, and this action is dismissed without prejudice. IT IS SO ORDERED. DATED this day of , 2017. MARCO A. HERNANDEZ United States District Judge 2 - ORDER

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