Earley v. United States of America ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DAMIAN EARLEY, an individual, No. 3:22-cv-00697-SB Plaintiff, ORDER v. UNITED STATES OF AMERICA; PIONEER HUMAN SERVICES, a nonprofit social enterprise, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Beckerman issued a Findings and Recommendation on January 27, 2023, in which she recommends that the Court grant Defendant United States of America’s motion to dismiss and enter judgment dismissing this action without prejudice. F&R, ECF 41. 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 Beckerman’s Findings and Recommendation [41]. Accordingly, Defendant United States of America’s Motion to Dismiss [22] is GRANTED. Plaintiff’s claims against the Government are dismissed without prejudice. 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