Opinion
Civ. No. 09-1153-TC.
June 8, 2010
ORDER
Magistrate Judge Coffin filed his Findings and Recommendation on May 6, 2010. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). When a party objects to any portion of the Magistrate's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate's report. 28 U.S.C. § 636(b)(1)(B); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982).
Petitioner has timely filed objections. I have, therefore, given the file of this ease a de novo review. I ADOPT the Magistrate's Findings and Recommendation (doc. 25) that petitioner's Petition should be denied without prejudice, and therefore petitioner's Petition (doc. 2) is dismissed.
IT IS SO ORDERED.