Miller v. Department of Child Support Services et al

Filing 23

OPINION AND ORDER: The Court ADOPTS Magistrate Judge Russo's F&R 18 . Defendants' motion to dismiss 15 is GRANTED, and this case is DISMISSED. Signed on 10/22/2018 by Judge Ann L. Aiken. (ck)

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

ANDRE MILLER,

Case No. 6:18-cv-00884-MK
OPINION AND ORDER

Plaintiff,
vs.
SAN MATEO COUNTY and SAN MATEO
COUNTY DEPARTMENT OF CHILD
SUPPORT SERVICES,
Defendants.

AIKEN, Judge:
United States Magistrate Judge Jolie A. Russo 1 filed her Findings and Recommendation
("F&R") (doc. 18) on September 18, 2018, recommending that this Court grant defendants'
motion to dismiss (doc. 15).

The matter is now before the Court pursuant to 28 U.S.C. §

636(b)(1) and Federal Rule of Civil Procedure 72(b).
Plaintiff filed timely objections (doc. 22) to the F&R. When any party objects to a
magistrate judge's F&R, the district court must make a de novo determination of the specified
proposed findings or recommendations to which the objection is made. 28 U.S.C. § 636(b)(l);

1

This case has since been reassigned to Magistrate Judge Mustafa T. Kasubhai.

I - OPINION AND ORDER

Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d
1114, 1121 (9th Cir. 2003) (en bane).
The Court has considered plaintiffs objections and concludes that there is no basis to
modify the F &R. The Court has also reviewed the pertinent portions of the record de nova and
finds no errors in the F&R. Accordingly, the Court ADOPTS Magistrate Judge Russo's F&R
(doc. 18). Defendants' motion to dismiss (doc. 15) is GRANTED, and this case is DISMISSED.
IT IS SO ORDERED

JP

Dated thiscV-day of October 2018.

Ann Aiken
United States District Judge

2 - OPINION AND ORDER