Cox v. State of Oregon

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

ALLEN B. COX, No. 3:20-cv-00235-JR Plaintiff, ORDER v.

THE STATE OF OREGON, Defendant.

HERNÁNDEZ, District Judge: Magistrate Judge Russo issued a Findings and Recommendation [9] on March 23, 2020, in which she recommends the Court grant Defendant’s Motion to Dismiss [5]. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge’s Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report. 28 U.S.C. § 636(b)(1); 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 banc).

The Court has carefully considered Plaintiff’s objections and concludes that the objections do not provide a basis to modify the recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings and Recommendation.

CONCLUSION The Court adopts Magistrate Judge Russo’s Findings and Recommendation [9].

Accordingly, the Court GRANTS Defendant’s Motion to Dismiss [5]. Any motion to amend the complaint should be filed within 30 days of this order.

IT IS SO ORDERED.

DATED: __________M_a_y_ _1_1_,_ 2_0_2__0_____________.

MARCO A. HERNÁNDEZ United States District Judge