Vida v. Lompoc Correctional Facility

Filing 7

ORDER - The Court ADOPTS Magistrate Judge Acostas Findings & Recommendation 5 . Accordingly, Plaintiffs Complaint 2 is dismissed without prejudice and without leave to amend. Plaintiffs motion to proceed in forma pauperis 1 is denied as moot. IT IS SO ORDERED. DATED this 24th day of October, 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,

No. 3:17-cv-1197-AC
Plaintiff,

ORDER

v.

LOMPOC CORRECTIONAL FACILITY,
Defendant.

HERNÁNDEZ, District Judge:
Magistrate Judge John Acosta issued a Findings and Recommendation [5] on August 24,
2017, in which he recommends dismissing Plaintiff’s Complaint [2] without prejudice and
without leave to amend.
Because neither party timely filed an objection to the Magistrate Judge’s Findings and
Recommendation, the Court is relieved of its 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

1 – ORDER

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 Acosta’s Findings & Recommendation [5].
Accordingly, Plaintiff’s Complaint [2] is dismissed without prejudice and without leave to
amend. Plaintiff’s motion to proceed in forma pauperis [1] is denied as moot.
IT IS SO ORDERED.

DATED this

day of

, 2017.

____________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER