IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JOHNNY L. SEIB, No. 3:19-cv-00892-AC

Plaintiff, ORDER

v.

METROPOLITAN LIFE INSURANCE COMPANY, and ALL OTHER INTERESTED PARTIES,

Defendants.

HERNÁNDEZ, District Judge: Magistrate Judge Acosta issued a Findings and Recommendation [33] on April 7, 2021, in which he recommends that the Court grant Defendant’s Motion to Dismiss [25] with prejudice and without leave to amend. The matter is now before the Court pursuant to

(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Plaintiff filed timely objections to the Magistrate Judge’s Findings & Recommendation. Pl. Obj., ECF No. 35. When any party objects to any portion of the Magistrate Judge’s Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge’s report.

(b)(1); Dawson v. Marshall,

(9th Cir. 2009); United States v. Reyna-Tapia,

(9th Cir. 2003) (en banc).

The Court has carefully considered Plaintiff’s objections and concludes that there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings & Recommendation. CONCLUSION The Court adopts Magistrate Judge Acosta’s Findings and Recommendation [ECF No. 33]. Therefore, Defendant’s Motion to Dismiss is Granted. Plaintiff’s First Amended Complaint is dismissed with prejudice and without leave to amend. IT IS SO ORDERED.

DATED: ___J_u_n_e__ 1_4_,_ 2__0_2_1________.

___________________________ MARCO A. HERNÁNDEZ United States District Judge