Brown v. Ives

District Court, D. Oregon

Brown v. Ives

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

RONALD MARTEZ BROWN, No. 3:18-cv-01260-SB

Plaintiff, ORDER

v.

RICHARD IVES, TERRY UHRINAK, and DANIEL CHILDRESS,

Defendants.

HERNÁNDEZ, District Judge: Magistrate Judge Beckerman issued a Findings and Recommendation [44] on October 16, 2020, in which she recommends that the Court grant Defendants’ motion to dismiss for failure to state a claim and terminate the appointment of Plaintiff’s pro bono counsel. The matter is now before the Court pursuant to

28 U.S.C. § 636

(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge’s Findings and Recommendation were timely filed, 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 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 Beckerman’s Findings and Recommendation [44]. Accordingly, Defendants’ Motion to Dismiss [32] is GRANTED and this case is DISMISSED with prejudice. Because dismissal of the case moots the need to serve Daniel Childress, the Court TERMINATES the appointment of pro bono counsel. IT IS SO ORDERED.

DATED: ___N__o_v_e_m__b_e_r_ 2_0_,_ _2_0_2_0______.

MARCO A. HERNÁNDEZ United States District Judge

Reference

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