Dunlap v. City of Sandy ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON KATHLEEN DUNLAP, personal representative No. 3:17-cv-01749-YY of the Estate of James Ross Dunlap, Jr., deceased, and KATHLEEN DUNLAP, individually, Plaintiffs, ORDER v. CITY OF SANDY and LUKE A. HODGES, Defendants. HERNÁNDEZ, District Judge: Magistrate Judge You issued a Findings and Recommendation on March 8, 2023, in which she recommends that the Court deny Defendants’ motion for summary judgment. F&R, ECF 89. 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 You’s Findings and Recommendation [89]. Accordingly, Defendants’ Motion for Summary Judgment [66] is DENIED. IT IS SO ORDERED. DATED: ____M__a_r_c_h_ 2_9_,_ _2_0_2_3_________. MARCO A. HERNÁNDEZ United States District Judge