Opinion
3:16-cv-00707-AC
02-02-2017
LINH THI MINH TRAN, Plaintiff, v. DAKRYN J. KUEHL, BENJAMIN J. TOOPS and RYAN KERSEY, Defendants.
ORDER
BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and Recommendation (#45) on January 5, 2017, in which he recommends this Court grant Defendants' Motions (#12, #19) to Dismiss Plaintiff's Complaint with leave to amend. 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. See Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). 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 (#45). Accordingly, the Court GRANTS Defendants' Motions (#12, #19) to Dismiss Plaintiff's Complaint without prejudice. Plaintiff has leave to file an amended complaint by March 3, 2017. This matter is returned to the Magistrate Judge for further proceedings.
IT IS SO ORDERED.
DATED this 2nd day of February, 2017.
/s/_________
ANNA J. BROWN
United States District Judge