Opinion

Bompane v. Brown

Court
District Court, D. Oregon
Filed
Feb 24, 2023
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

JASON BOMPANE, No. 3:22-cv-00357-AR

Plaintiff, ORDER

v.

SHARON BROWN, NANCY

RONAN, and WELLPATH LLC,

Defendants.

HERNÁNDEZ, District Judge:

Magistrate Judge Armistead issued a Findings and Recommendation on January 5, 2023,

in which he recommends that the Court grant Defendants’ motion to dismiss. F&R, ECF 20. 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 Armistead’s Findings and Recommendation [20].

Accordingly, Defendants’ Motion to Dismiss [12] is GRANTED, and Plaintiff’s Amended

Complaint is dismissed without prejudice. Plaintiff may submit an amended complaint within 30

days of this Order.

IT IS SO ORDERED.

DATED: ___F__e_b_r_u_a_ry_ _2_4_,_ 2_0__2_3_______.

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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