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Wolfe v. Brown

United States District Court, D. Oregon

April 29, 2014

ROBERT WOLFE, Plaintiff,
v.
KATE BROWN, Secretary of State of Oregon, Defendant.

Ross A. Day, T. Beau Ellis, DAY LAW GROUP, P.C., Portland, OR. Attorneys for Plaintiff

Sarah K. Weston, Carson L. Whitehead, OREGON DEPARTMENT OF JUSTICE, Portland, OR. Attorneys for Defendants.

ORDER

MARCO A. HERNANDEZ, District Judge.

Magistrate Judge Paul Papak issued a Findings and Recommendation [22] on March 12, 2014, recommending that Defendant's motion to dismiss [7] be granted and that this action be dismissed. Plaintiff filed timely objections to the Magistrate Judge's Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure.

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, as here, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall , 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia , 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).

I have carefully considered Plaintiff's objections and conclude that these objections do not provide a basis to modify the Findings and Recommendation. I have also reviewed the pertinent portions of the record de novo and find no error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS the Magistrate Judge's Findings and Recommendation [22]. Accordingly, Defendants' motion to dismiss [7] is GRANTED and this action is dismissed.

IT IS SO ORDERED.


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