Opinion
3:07-CV-311-RCJ(RAM).
October 23, 2009
ORDER
Before the Court is Plaintiff's Opposition to Report and Recommendation of Magistrate Judge Motion to Strike and Vacate Biased, Conflicted Report (#72) filed on August 24, 2009. This action was referred to U.S. Magistrate Robert A. McQuaid, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 1-4. The Magistrate Judge submitted his Report and Recommendation (#71) on August 3, 2009, recommending that this Court enter an order granting Defendants' Motion to Dismiss the Second Amended Complaint (#64).
I. ANALYSIS
A. Review of Magistrate Judge's Order
Pursuant to 28 U.S.C. § 636(b)(1)(B) and LR IB 3-2, a party may file specific written objections to the findings and recommendations of a magistrate judge made pursuant to LR IB 1-4. The district court must make a de novo determination of those portions of the magistrate judge's report to which objection is made and may accept, reject, or modify, in whole or in part, thefindings or recommendations made by the magistrate judge. LR IB 3-2(b). De novo review means the court must consider the matter anew, the same as if it had not been heard before and as if no decision previously had been rendered. Ness v. Commissioner, 954 F.2d 1495, 1497 (9th Cir. 1992). Thus, although the district court need not hold a de novo hearing, the court's obligation is to arrive at its own independent conclusion about those portions of the magistrate judge's findings or recommendation to which objections are made. United States v. Remsina, 874 F.2d 614, 617 (9th Cir. 1989).
After conducting a de novo review of the record, the Court accepts and adopts the Magistrate Judge's Minutes of the Court (#71).
III. CONCLUSION
IT IS HEREBY ORDERED that the court ACCEPTS and ADOPTS in whole the Report and Recommendation of U.S. Magistrate Judge (#71), and Plaintiff's Opposition to Report and Recomm endation of Magistrate Judge Motion to Strike and Vacate Biased, Conflicted Report (#72) is DENIED.
IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (#64) is GRANTED as follows:
1. Counts I and II of the Second Amended Complaint (#42) are DISMISSED with prejudice and Count III with leave to amend.
IT IS FURTHER ORDERED that Plaintiff shall file a Third Amended Complaint stating only Count III in a manner identical to the previously filed Complaint (#14) within thirty (30) days from entry of this Order. The Clerk of the Court shall enter judgment accordingly.
IT IS SO ORDERED.