Opinion
3:10-CV-00762-AC
02-21-2012
JUSTIN A. SNEGIREV, Plaintiff, v. ROBERTS MARK; SNEGIREV AGAFIA; AL BUSHEY, individually and in his official capacity; MARION COUNTY CHILD WELFARE DIVISION; MARION COUNTY; MARION COUNTY BOARD OF COMMISSIONERS; OREGON DEPARTMENT OF HUMAN SERVICES; and STATE OF OREGON, Defendants.
ORDER
BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and Recommendation (#39) on January 31, 2012, in which he recommends this Court grant the Motion (#10) to Dismiss of Defendants State of Oregon, Oregon Department of Human Services, and Al Bushey (State Defendants); grant the Motion (#36) to Dismiss of Defendants Marion County and Marion County Board of Commissioners (Marion County Defendants); dismiss Plaintiff's claims against Marion County Defendants without prejudice; dismiss Plaintiff's "Claim-1" with prejudice; dismiss Plaintiff's "Claim-2" with prejudice; dismiss Plaintiff's "Claim-3" with prejudice; dismiss Plaintiff's state-law tort claims with prejudice; decline to exercise supplemental jurisdiction as to Plaintiff's remaining state-law claims for child abuse; and dismiss Plaintiff's child-abuse claims without prejudice.
Although the Magistrate Judge states in the Conclusion of the Findings and Recommendation that Plaintiff's state-law claims should be dismissed without prejudice, the body of the Findings and Recommendation make clear Plaintiff's state-law tort claims should be dismissed with prejudice.
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. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). See also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). 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 (#39). Accordingly, the Court GRANTS State Defendants' Motion (#10) to Dismiss, GRANTS Marion County Defendants' Motion (#36) to Dismiss, DISMISSES Plaintiff's claims against Marion County Defendants without prejudice, DISMISSES Plaintiff's "Claim-1" with prejudice, DISMISSES Plaintiff's "Claim-2" with prejudice, DISMISSES Plaintiff's "Claim-3" with prejudice, DISMISSES Plaintiff's state-law tort claims with prejudice, declines to exercise supplemental jurisdiction as to Plaintiff's remaining state-law claims for child abuse, and DISMISSES Plaintiff's child-abuse claims without prejudice.
IT IS SO ORDERED.
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ANNA J. BROWN
United States District Judge