Brown v. Gray

Filing 8

ORDER: Adopting Findings and Recommendation 4 . The Complaint 2 is dismissed with prejudice. Signed on 7/26/2017 by Judge Marco A. Hernandez. (plb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ANTHONY GORDON BROWN,

No. 3:17-cv-00740-JR

Plaintiff,
v.
RONALD GRAY,

ORDER
Defendant.

HERNANDEZ, District Judge:
Magistrate Judge Russo issued a Findings and Recommendation (#4) on May 23, 2017, in
which she recommends that this Court dismiss the Complaint with prejudice. The matter is now
before me 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, I am relieved of my obligation to review the record de novo.1 United States v.

1

A copy of the Findings & Recommendation was mailed to Plaintiff at the Clackamas
County Jail, his then-address on record. On or about June 5, 2017, it was returned to the Court as
undeliverable. ECF 6. Although it is the party's responsibility to keep his or her address current,
Local Rule 83-10, at my request, the Clerk's Office tracked down Plaintiff's current address and
re-sent the Findings & Recommendation to him at the Snake River Correctional Institution on
June 9, 2017. That mail has not been returned. No objections since that date have been filed.
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, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Russo's Findings & Recommendation [4].
Accordingly, the Complaint [2] is dismissed with prejudice.
IT IS SO ORDERED.
DATED this

day of

, 2017.

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER