Portland Community College v. United States Department of Veterans Affairs ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND COMMUNITY COLLEGE, No. 3:21-cv-01658-AR Plaintiff, ORDER v. UNITED STATES DEPARTMENT OF VETERANS AFFAIRS and DENIS MCDONOUGH, in his capacity as Secretary of the U.S. Department of Veterans Affairs, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Jeffrey Armistead issued a Findings and Recommendation on January 24, 2023, in which he recommends that the Court deny Defendants’ Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim. F&R, ECF 38. The matter is now before the 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, the Court is relieved of its obligation to review the record de novo. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc); see also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988)(de novo review required only for portions of Magistrate Judge’s report to which objections have been made). Having reviewed the legal principles de novo, the Court finds no error. CONCLUSION The Court adopts Magistrate Judge Armistead’s Findings and Recommendation, ECF 38. Accordingly, Defendants’ Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim is DENIED. IT IS SO ORDERED. DATED: _______F_e_b_r_u_a_r_y_ 2_4__, _2_0_2_3____ MARCO A. HERNÁNDEZ United States District Judge