Columbia State Bank v. Daybreak Estates, LLC

Full title: COLUMBIA STATE BANK, a state chartered bank, as successor-in-interest to…

Court: United States District Court, D. Oregon

Date published: Mar 3, 2011

CV 10-1284-AC (D. Or. Mar. 3, 2011)

Opinion

CV 10-1284-AC.

March 3, 2011

OPINION AND ORDER

JAMES REDDEN, Senior District Judge

On February 9, 2011, Magistrate Judge John Acosta filed his Findings and Recommendation (doc. 12) that the court grant Roy K. Nelson's and Iris E. Nelson's motion to remand this action to Washington County Circuit Court (doc. 4). Magistrate Judge Acosta also recommended that the court deny the Nelson's request for attorney fees and costs.

The matter is now before me. See 28 U.S.C. § 636(b)(1)(A); Fed.R.Civ.P. 72(b). None of the parties timely filed objections. This relieves me of my obligation to review Magistrate Judge Acosta's factual and legal conclusions de novo. 28 U.S.C. § 636(b)(1)(C); see also Thomas v. Arn, 474 U.S. 140, 149-50 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). Having reviewed the record, I find no error.

Accordingly, I ADOPT Magistrate Judge Acosta's Findings and Recommendation (doc. 12) in its entirety. I GRANT the Nelson's motion to remand (doc. 4) and REMAND this action to Washington County Circuit Court. The Nelson's request for attorney fees and costs is DENIED.

IT IS SO ORDERED.

DATED this 3^rd day of March, 2011.