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Calmese v. McNamer

United States District Court, D. Oregon

May 6, 2014

MICHAEL D. CALMESE, Plaintiff,
v.
ANTHONY E. McNAMER, aka ANTHONY DAVIS, and THE OREGON STATE BAR PROFESSIONAL LIABILITY FUND, Defendants.

Michael Calmese Phoenix, AZ. Pro Se Plaintiff.

Jonathan Mark Radmacher, MCEWEN GISVOLD LLP, Portland, OR. Attorney for Anthony E. McNamer

ORDER

MARCO A. HERNANDEZ, District Judge.

Magistrate Judge Dennis J. Hubel issued a Findings and Recommendation [24] on March 24, 2014, recommending that Plaintiff's voluntary motions to dismiss the Oregon State Bar Professional Liability Fund [11 and 19] and Anthony E. McNamer's motion to dismiss [12] 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 his 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 [24]. Accordingly, Plaintiff's voluntary motions to dismiss the Oregon State Bar Professional Liability Fund [11 and 19] and Anthony E. McNamer's motion to dismiss [12] are GRANTED.

IT IS SO ORDERED.


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