Opinion
09-CV-1102-AC.
April 30, 2010
ORDER
Magistrate Judge John V. Acosta issued Findings and Recommendation (#21) on March 2, 2010, in which he recommends this Court grant Defendants' Motion (#14) to Dismiss in its entirety with leave to pro se Plaintiff Ernest L. Dean to file an amended complaint to cure the deficiencies in his Complaint. The Magistrate Judge also recommends the Court deny as moot and without prejudice Defendants' Alternative Motion (#14) to Make More Definite and Certain. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 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 (9th Cir. 1983) (rev'd on other grounds). See also Lorin Corp. v. Goto Co., 700 F.2d 1202, 1206 (8th Cir. 1983). Having reviewed the legal principles de novo, the Court does not find any error.
CONCLUSION
The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#21). Accordingly, the Court GRANTS Defendants' Motion (#14) to Dismiss in its entirety and DISMISSES this matter. In light of his pro se status, Plaintiff Dean has leave to file an amended complaint no later than June 1, 2010, to cure the deficiencies in his Complaint as set out in the Findings and Recommendation. The Court also DENIES as moot and without prejudice Defendants' Alternative Motion (#14) to Make More Definite and Certain.
IT IS SO ORDERED.
DATED this 30th day of April, 2010.