Opinion
Civil Case No. 09-1471-PK.
June 30, 2010
Barbara G. Dauven, Theodore(Ted) E. Dauven, Christiana C. Dauven, Lake Oswego, Oregon, Pro Se Plaintiffs.
Pilar C. French, Megan E. Smith, Lane Powell, PC, Portland, Oregon, Attorneys for Defendants.
ORDER
The Honorable Paul Papak, United States Magistrate Judge, filed Findings and Recommendation on June 7, 2010. The matter is before this court. See 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review. Lorin Corp. v. Goto Co., Ltd., 700 F.2nd 1202, 1206 (8th Cir. 1983);See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error.
Accordingly, I ADOPT Magistrate Judge Papak's Findings and Recommendation (#28) dated June 7, 2010 in its entirety.
IT IS HEREBY ORDERED that the court grants defendants' motion to dismiss for lack of subject matter jurisdiction (#21) with leave to amend to correct the defects in the jurisdictional allegations. The court grants defendants' motion to strike (#21). The court grants defendants' motion to dismiss for failure to state a claim and (#21) dismisses the plaintiffs' trespass causes of action (Third and Fourth Causes of Action) with prejudice. The court dismisses plaintiffs' remaining claims with leave to amend, within thirty days, in a manner consistent with the Findings and Recommendation.