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Menchu v. Legacy Health

United States District Court, D. Oregon

June 23, 2014

JERRY ALEXANDER MENCHU, Plaintiff,
v.
LEGACY HEALTH, et al., Defendants.

ORDER

MARCO A. HERNANDEZ, District Judge.

Magistrate Judge Janice M. Stewart issued a Findings & Recommendation [150] on May 13, 2014, recommending that Defendants' motion for summary judgment and sanctions [124] be granted as to summary judgment and denied as to sanctions, and that Plaintiff's cross-motion for summary judgment [139] be denied. Plaintiff has timely filed objections to the Findings & Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings & Recommendation, 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 there is no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions of the record de novo and find no other errors in the Magistrate Judge's Findings & Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Stewart's Findings & Recommendation [150], and therefore, Defendants' motion for summary judgment [124] is granted as to summary judgment and denied as to sanctions, and Plaintiff's cross-motion for summary judgment [139] is denied.

IT IS SO ORDERED.


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