Opinion

Brown v. Ives

Court
District Court, D. Oregon
Filed
Nov 20, 2020
Cited by
0 cases
Authority
More cited than 28.7%

de novo review required only for portions of Magistrate Judge’s report to which objections have been made

How later courts described this case

  • de novo review required only for portions of Magistrate Judge’s report to which objections have been made

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

RONALD MARTEZ BROWN, No. 3:18-cv-01260-SB

Plaintiff, ORDER

v.

RICHARD IVES, TERRY UHRINAK,

and DANIEL CHILDRESS,

Defendants.

HERNÁNDEZ, District Judge:

Magistrate Judge Beckerman issued a Findings and Recommendation [44] on October 16,

2020, in which she recommends that the Court grant Defendants’ motion to dismiss for failure to

state a claim and terminate the appointment of Plaintiff’s pro bono counsel. 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 [44].

Accordingly, Defendants’ Motion to Dismiss [32] is GRANTED and this case is DISMISSED

with prejudice. Because dismissal of the case moots the need to serve Daniel Childress, the Court

TERMINATES the appointment of pro bono counsel.

IT IS SO ORDERED.

DATED: ___N__o_v_e_m__b_e_r_ 2_0_,_ _2_0_2_0______.

MARCO A. HERNÁNDEZ

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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