CREE v. CORRECTIONAL OFFICER AARON JOHNSON

Full title: JEFFREY CREE, Plaintiff, v. CORRECTIONAL OFFICER AARON JOHNSON, Defendant

Court: United States District Court, D. Oregon

Date published: Nov 8, 2005

No. CV 04-893-HU (D. Or. Nov. 8, 2005)

Opinion

No. CV 04-893-HU.

November 8, 2005

JEFFREY CREE, S.I.D. No. 5695034, Oregon State Penitentiary, Salem, OR, Plaintiff, Pro se.

HARDY MYERS, Attorney General, LEONARD W. WILLIAMSON, Assistant Attorney General, Department of Justice, Salem, OR, Attorneys for Defendant.

ORDER

ANNA BROWN, District Judge

Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#28) on September 20, 2005, in which he recommended this Court grant Defendant's Unenumerated 12 Motion to Dismiss or Alternatively Motion for Summary Judgment (#17). The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 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. Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9^th Cir. 1983). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation (#28). Accordingly, the Court GRANTS Defendant's Unenumerated 12 Motion to Dismiss or Alternatively Motion for Summary Judgment (#17).

IT IS SO ORDERED.