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Martinez v. Peters

United States District Court, D. Oregon

April 8, 2015

LEONEL O. MARTINEZ, Plaintiff,
v.
COLETTE S. PETERS, Director, O.D.O.C.; JEFF PREMO, Superintendent, O.S.P.; M. YODER, Asst. Superintendent of Security O.S.P.; S.T.M. LT. YANCEY; S.T.M. LT. UFFORD; and STEVE FRANKE, Superintendent of T.R.C.I., Defendants.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Paul Papak issued Findings and Recommendation (#131) on March 3, 2015, in which he recommends this Court deny Plaintiff's Motion (#55) for Summary Judgment, grant Defendants' Motion (#72) for Summary Judgment, grant Defendants' Motion (#91) to Dismiss, dismiss with prejudice Plaintiff's § 1983 claim set forth in his original Complaint (#2), and dismiss without prejudice Plaintiff's § 1983 claim set forth in his Supplemental Complaint (#82). The matter is now before this Court pursuant to 28 U.S.C. § 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. 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

The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#131). Accordingly, the Court DENIES Plaintiff's Motion (#55) for Summary Judgment, GRANTS Defendants' Motion (#72) for Summary Judgment, GRANTS Defendants' Motion (#91) to Dismiss, DISMISSES with prejudice Plaintiff's § 1983 claim set forth in his original Complaint (#2), and DISMISSES without prejudice Plaintiff's § 1983 claim set forth in his Supplemental Complaint (#82).

IT IS SO ORDERED.


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