Opinion
3:16-cv-01877-PK
04-28-2017
ANDREW ABRAHAM, on behalf of himself, and for all others similarly situated, Plaintiff, v. CORIZON HEALTH, INC., Defendants.
ORDER
BROWN, Judge.
Magistrate Judge Paul Papak issued Findings and Recommendation (#16) on April 10, 2017, in which he recommends this Court grant Defendant Corizon Health, Inc.'s Motion (#7) to Dismiss certain claims alleged by Plaintiff Andrew Abraham pursuant to Title II and Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, and Oregon Revised Statutes § 659A.142. The matter is now before this 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, this Court is relieved of its obligation to review the record de novo. See Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). Having reviewed the legal principles de novo, the Court does not find any error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#16). Accordingly, the Court GRANTS Defendant Corizon Health's Motion (#7) to Dismiss and DISMISSES with prejudice Plaintiff's First Claim for Relief under Title II of the ADA, DISMISSES without prejudice Plaintiff's Third Claim for Relief under Title III of the ADA, and DISMISSES without prejudice Plaintiff's Fourth Claim for Relief under Oregon Revised Statute § 659A.142.
This matter is returned to the Magistrate Judge for further proceedings as appropriate.
IT IS SO ORDERED.
DATED this 28th day of April, 2017.
/s/_________
ANNA J. BROWN
United States District Judge