Opinion
No. 3:18-cv-01397-JR
12-07-2018
SPENCER McCLOUD, Plaintiff, v. APPLIED INTEGRATED TECHNOLOGIES, INC. Defendant.
ORDER :
Magistrate Judge Russo issued a Findings and Recommendation (#19) on October 15, 2018, in which she recommends that this Court grant Defendant's motion to dismiss but allowing Plaintiff leave to amend. The matter is now before me 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, I am relieved of my 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, I find no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Russo's Findings & Recommendation [19]. Accordingly, Defendant's motion to dismiss [6] is granted. Any motion to amend is due fourteen (14) days of the date of this Order.
IT IS SO ORDERED.
DATED this 7 day of December, 2018.
/s/_________
MARCO A. HERNANDEZ
United States District Judge