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Walker v. Providence Health and Services Oregon

United States District Court, D. Oregon

April 7, 2015

CATHRYN WALKER, Plaintiff,
v.
PROVIDENCE HEALTH AND SERVICES OREGON, dba PROVIDENCE PORTLAND HEALTH SERVICES, and CENTRAL CITY CONCERN, dba OLD TOWN CLINIC, an Oregon public benefit corporation, Defendants.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#23) on March 5, 2015, in which she recommends this Court grant Defendant Central City Concern's (CCC) Motion (#6) to Dismiss Plaintiff's medical negligence claim, dismiss Plaintiff's claim against CCC without prejudice, and deny Defendant Providence Health and Services Oregon's (Providence) Motion (#12) for Summary Judgment.

On March 23, 2015, Plaintiff and Defendant Providence filed a Stipulation of Dismissal (#26) of Plaintiff's claim against Providence with prejudice and without attorneys' fees or costs to any party. An Order of Dismissal (#27) was issued by the Magistrate Judge on March 24, 2015. Accordingly, the only matter now before this Court pursuant to 28 U.S.C. ยง 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b) is Defendant CCC's Motion (#6) to Dismiss Plaintiff's claim against CCC.

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. See Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)( en banc ). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

As noted, all of Plaintiff's claims against Defendant Providence have been dismissed pursuant to the Stipulation (#26) filed and an Order (#27) entered by the Magistrate Judge.

The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#23) as to Defendant CCC's Motion (#6) to Dismiss Plaintiff's claims against CCC, GRANTS Defendant CCC's Motion, and DISMISSES Plaintiff's claim against Defendant CCC without prejudice.

IT IS SO ORDERED.


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