Opinion
No. 3:17-cv-00051-PK
09-05-2017
ORDER :
Magistrate Judge Papak issued a Findings & Recommendation (#19) on June 15, 2017, in which he recommends the Court grant Defendants' motion to dismiss the First Amended Complaint with prejudice. Plaintiff has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
I have carefully considered Plaintiff's objections and conclude there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation [19], and therefore, Defendant's motion to dismiss the Amended Complaint [11] is granted and the Amended Complaint is dismissed with prejudice.
IT IS SO ORDERED.
DATED this 5 day of September, 2017.
/s/_________
MARCO A. HERNANDEZ
United States District Judge