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Bowlin v. Nelson

United States District Court, Ninth Circuit

June 7, 2013

DONALD MICHAEL BOWLIN, Plaintiff,
v.
JOHN NELSON, Defendant.

DONALD MICHAEL BOWLIN Portland, OR, Plaintiff, Pro Se.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Paul Papak issued Findings and Recommendation (#17) on April 29, 2013, in which he recommends the Court dismiss this matter with prejudice sua sponte for lack of subject-matter jurisdiction. The matter is now before this Court pursuant to 28 U.S.C. ยง 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. 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 in the Magistrate Judge's analysis of the issue of subject-matter jurisdiction. The Court, however, concludes this matter should be dismissed without prejudice. See Levi v. State Bar of Ca., 391 F.Appx. 633, 634 (9th Cir. 2010)(dismissal of an action for failure to establish federal subject-matter jurisdiction should be without prejudice).

CONCLUSION

The Court ADOPTS in part Magistrate Judge Papak's Findings and Recommendation (#17). Accordingly, the Court DISMISSES this matter without prejudice.

IT IS SO ORDERED.


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