IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MICHAEL RAY PROVENCIO, No. 2:20-cv-01007-YY

Plaintiff, ORDER

v.

D. PARKER, Officer,

Defendant.

HERNÁNDEZ, District Judge: Magistrate Judge You issued a Findings and Recommendation on April 12, 2021, in which she recommends that this Court grant Defendant’s Motion for Summary Judgment and dismiss this case without prejudice. F&R, ECF 35. 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 37. 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 You’s Findings and Recommendation [35]. Therefore, Defendant’s Motion for Summary Judgment [20] is GRANTED. This case is dismissed without prejudice. IT IS SO ORDERED.

DATED: ___J_u_ly_ _2_0_,_ 2_0__2_1_________.

___________________________ MARCO A. HERNÁNDEZ United States District Judge