Opinion
CV 00-555-AS
December 20, 2000
ORDER
Magistrate Judge Donald C. Ashmanskas issued Findings and Recommendation (#25) on November 13, 2000, in which he recommended denying Defendants' Motion to Stay (#17) with leave to file a motion to dismiss based on the principles set forth in Heck v. Humphrey, 512 U.S. 477 (1994). The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b).
Because no objections to the magistrate's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Lorin Corp. v. Goto Co., 700 F.2d 1202, 1206 (8th Cir. 1983). See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, the Court finds no error.
Accordingly, the Court ADOPTS Magistrate Judge Ashmanskas's Findings and Recommendation (#25). Defendants' Motion to Stay (#17) is DENIED. Defendants are granted leave to file a motion to dismiss based on the principles set forth in Heck v. Humphrey and applied by the Ninth Circuit in Harvey v. Waldron, 210 F.3d 1008 (9th Cir. 2000), and Smithart v. Towery, 79 F.3d 951 (9th Cir. 1996).
IT IS SO ORDERED.