Muniz v. Ethicon, Inc.

District Court, D. Oregon

Muniz v. Ethicon, Inc.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MARY MUNIZ, No. 3:20-cv-00852-AC

Plaintiff, ORDER

v.

ETHICON, INC. and JOHNSON & JOHNSON,

Defendants.

HERNÁNDEZ, District Judge: Magistrate Judge Acosta issued a Findings and Recommendation [54] on September 16, 2020, in which he recommends that the Court dismiss this action without prejudice for failure to prosecute. 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 Acosta’s Findings and Recommendation [54]. Accordingly, this action is dismissed without prejudice for failure to prosecute. 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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