Green v. The United States of America

Filing 28

ORDER: Adopting Findings and Recommendation 20 ; Granting 12 Motion to Dismiss for Failure to State a Claim; Finding as Moot Motion for Order 24 ; Finding as Moot Motion for Stay 25 ; Finding as Moot Motion to Certify the Class [26 ]; Finding as Moot Motion for Appointment of Counsel 26 ; Finding as Moot Request for Judicial Notice 27 ; Finding as Moot Motion for Summary Judgment 14 ; Finding as Moot Motion to Strike 23 ; Finding as Moot Motion for Order 23 . Signed on 8/25/2017 by Judge Ann L. Aiken. A copy of this Order was mailed to pro se plaintiff Bliss H. Green. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION

BLISS H. GREEN,

Case No. 6: l 7-cv-00128-JR

ORDER
Plaintiff,
vs.
THE UNITED STATES OF AMERICA,
Defendant.

AIKEN, District Judge:
Magistrate Judge Russo filed her Findings and Recommendation ("F &R") on 6/28/2017.
The matter is now before me. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b). When
either pmiy objects to any portion of a magistrate judge's F&R, the district court must make a de

novo dete1mination of that portion of the magistrate judge's report. See 28 U.S.C. § 636(b)(l);
lvfcDonnell Douglas C01p. v. Commodore Business lvfachines, Inc., 656 F.2d 1309, 1313 (9th
Cir. 1981), cert denied, 455 U.S. 920 (1982).
The deadline for filing objections to the F&R was 7/12/2017.

Though the record

indicates that plaintiffs objections were filed by the Clerk on 7/17/2017, the objections are dated
PAGE I -ORDER

by plaintiff as 7/10/2017. I chose to construe the objections as timely and thus review the F&R
de novo.
I find no e!1'or and concur with Magistrate Judge Russo's thorough analysis of the factual
and legal issues in this case.
Therefore, I adopt Magistrate Judge Russo's F&R (doc. 20) in its entirety. Defendant's
motion to dismiss (doc. 12) is GRANTED, and all of plaintiffs remaining motions (docs. 14, 23,
24, 25, 26, 27) are DENIED as moot.
IT IS SO ORDERED.
~

2.tJl1

Dated this~ day of August, WtlJ.

Ann Aiken
United States District Judge

PAGE 2 -ORDER