Opinion
03:10-cv-01241-AC
10-02-2012
Dan Silver Pro Se Plaintiff Marc Abrams OREGON DEPARTMENT OF JUSTICE Attorney for Defendant Ted Kulongoski
ORDER
Dan Silver
Pro Se Plaintiff Marc Abrams
OREGON DEPARTMENT OF JUSTICE
Attorney for Defendant Ted Kulongoski HERNANDEZ, District Judge:
Magistrate Judge John V. Acosta issued a Findings and Recommendation ("F&R") (doc. #46) on September 6, 2012, recommending that the Motion to Dismiss (doc. #30) filed by Ted Kulongoski ("Defendant") be granted and that this case be dismissed with prejudice and without leave to amend. The F&R also recommends that the Motion for Oral Hearing filed by Dan Silver ("Plaintiff") (doc. #41) be denied.
Because no objections to the F&R 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 Acosta's Findings and Recommendation (doc. #46). Accordingly, Defendant's Motion to Dismiss (doc. #30) is GRANTED and this case is dismissed with prejudice and without leave to amend. Plaintiff's Motion for Oral Hearing (doc. #41) is DENIED.
IT IS SO ORDERED.
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MARCO A. HERNANDEZ
United States District Judge