Battles v. Cain

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

ZELAJA ALCONNA BATTLES, No. 2:19-cv-01727-AC Plaintiff, ORDER v.

DEPARTMENT OF CORRECTIONS, BRAD

CAIN: Superintendent of Snake river

Correctional Inst., JULINA CLAUS: Mail room supervisor., K. WATTS: Education

Coordinator for TVCC, M. PACHERO:

Education Coordinator for TVCC, J.

WOODLAND: Captain, J. TAYLOR:

Grievance Coordinator,

Defendants.

HERNÁNDEZ, District Judge:

Magistrate Judge Acosta issued a Findings and Recommendation [96], in which he recommends that the Court grant Education Defendant's Motion to Dismiss [84] and State Defendants' Partial Motion to Dismiss [86]. 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 [96]. Accordingly, Education Defendant's Motion to Dismiss [84] and State Defendants' Partial Motion to Dismiss [86] are granted and the claims are dismissed with prejudice. IT IS SO ORDERED.

DATED: ______M_a_y_ _2_8_,_ 2_0__2_1_________.

MARCO A. HERNÁNDEZ

United States District Judge