Jay v. Rodriguez

District Court, D. Oregon

Jay v. Rodriguez

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

DERRICK JERMAINE JAY, No. 6:22-cv-00469-SB

Plaintiff, ORDER

v.

OFFICER GUSTAVO RODRIGUEZ; OFFICER KATIE SANCHEZ; and CAPTAIN JONATHAN HYDE,

Defendant.

HERNÁNDEZ, District Judge: Magistrate Judge Beckerman issued a Findings and Recommendation on September 25, 2023, in which she recommends that the Court deny Plaintiff’s Motion for Summary Judgment (ECF 21) and deny Defendants’ Cross Motion for Summary Judgment (ECF 26). F&R, ECF 34. 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 Beckerman’s Findings and Recommendation [34]. Accordingly, Plaintiff’s Motion for Summary Judgment [21] is DENIED and Defendants’ Cross Motion for Summary Judgment [26] is DENIED. IT IS SO ORDERED.

DATED: ___N_o_v_e__m_b_e_r_ _2_6_, _2_0_2_3_______.

MARCO A. HERNÁNDEZ United States District Judge

Reference

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