Jackson et al v. Patra Investments, LLC et al

Filing 13

ORDER: Adopting the Magistrate's Findings and Recommendation 10 . Third-Party Defendant United States' Motion to Dismiss 4 is Granted. Defendant Patra's claims against Third-Party Defendant United States are Dismissed without prejudice, and this case is Remanded to the Multnomah County Circuit Court. Signed on 1/31/18 by Judge Marco A. Hernandez. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

KIMBERLY JACKSON,
Plaintiff,

No. 3:17-CV-1496-PK
ORDER

v.

PATRA INVESTMENTS, LLC,
Defendant/Third-Party Plaintiff.

HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [10] on November 20,
2017, in which he recommends that the Court grant Third-Party Defendant United States’
Motion to Dismiss [4], dismiss Defendant Patra’s third-party claims, and remand this action to
the Multnomah County Circuit Court. The matter is now before me pursuant to 28 U.S.C. §
636(b)(1) and Federal Rule of Civil Procedure 72(b).

1 - ORDER

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.
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 Papak’s Findings and Recommendation [10].
Accordingly, Third-Party Defendant United States’ Motion to Dismiss [4] is GRANTED.
Defendant Patra’s claims against Third-Party Defendant United States are dismissed without
prejudice, and this case is remanded to the Multnomah County Circuit Court.
IT IS SO ORDERED.

DATED this

day of January, 2018.

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER