Opinion
CV 04-611-JE.
September 26, 2005
JULIE SAMPLES, Woodburn, OR, SARAH LORA, Woodburn, OR, Attorneys for Plaintiff.
PRAKOPIY CAM, Aurora, OR, Defendant, Pro Se.
ORDER
Magistrate Judge John Jelderks issued Findings and Recommendation (#36) on July 15, 2005, in which he recommended this Court grant Plaintiffs' Motion for Partial Summary Judgment on Liability as to all Plaintiffs except Plaintiffs Benito Arzola and Rosalia Toledano (#20). Defendant filed Objections to the Findings and Recommendation eight days after the time set for filing objections. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72(b).
When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1). See also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988); McDonnell Douglas Corp. v. Commodore Business Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982).
As noted, Defendant filed his Objections to the Findings and Recommendation late. Defendant, however, is proceeding pro se, and, therefore, the Court, nonetheless, considered Defendant's Objections.
After conducting a de novo review of the Magistrate Judge's Findings and Recommendation, the Court does not find any error.
CONCLUSION
Accordingly, the Court ADOPTS Magistrate Judge Jelderks's Findings and Recommendation (#36) and GRANTS in part and DENIES in part Plaintiffs' Motion for Partial Summary Judgment (#20) as follows:
1. GRANTS Plaintiffs' Motion on Liability as to all Plaintiffs except Benito Arzola and Rosalia Toledano and
2. DENIES Plaintiffs' Motion as to Plaintiffs Benito Arzola and Rosalia Toledano.
IT IS SO ORDERED.