IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JOHN LEE MALAER,

Plaintiff, Civ. No. 1:22-cv-947-CL

v. ORDER

SDA INVESTMENTS, INC., dba LUMPY’S, an Oregon Corporation,

Defendant. _____________________________

MCSHANE, Judge: Magistrate Judge Mark Clarke filed a Findings and Recommendation (#36), and the matter is now before this court. See

(b)(1)(B), Fed. R. Civ. P. 72. Although neither party filed objections, I reviewed the legal principles de novo. United States v. Bernhardt,

(9th Cir. 1998). I find no error and conclude the report is correct. Magistrate Judge Clarke’s Findings and Recommendation (#37) is adopted. Defendant’s Motion to Dismiss (#31) is GRANTED as Plaintiff’s claims are barred by the statute of limitations. IT IS SO ORDERED. DATED this 7th day of November, 2023. _______/s/ Michael J. McShane________ Michael McShane United States District Judge 1 – ORDER