Opinion
Civ. No. 04-3086-CO.
November 1, 2004
ORDER
On October 12, 2004, Magistrate Judge Cooney issued Findings and Recommendation in this case. Magistrate Judge Cooney recommends that while plaintiff's Complaint be dismissed with prejudice and without leave to amend. The matter is now before me. See 28 U.S.C. § 636 (b) (1) (B) and Fed.R.Civ.P. 72 (b).
When either party objects to any portion of a magistrate judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the magistrate judge's report. See 28 U.S.C. § 636(b)(1); McDonnell Douqlas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). Plaintiff has filed timely objections to the Findings and Recommendation, and therefore I have given de novo review of Magistrate Judge Cooney's ruling. I find no error.
THEREFORE, IT IS HEREBY ORDERED that Magistrate Judge Cooney's Findings and Recommendation (doc. 4) issued October 12, 2004, is ADOPTED in its entirety. Plaintiff's Complaint is HEREBY DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.