Summary
The United States District Court for the District of Oregon adopted a magistrate judge’s Findings and Recommendation in full after conducting de novo review of the plaintiff’s objections. The court granted defendants’ motion to dismiss and dismissed John Fial’s complaint without leave to amend because amendment would be futile.
Holdings
- When a party objects to specified portions of a magistrate judge's Findings and Recommendation, the district court must make a de novo determination of those portions; review of unobjected-to portions is not required.
- Defendants' motion to dismiss was granted, and Plaintiff's complaint was dismissed.
- Leave to amend was denied because amendment would be futile and Plaintiff could not state a plausible basis for relief.
Questions Presented
- What standard of review governs a district court's review of the portions of a magistrate judge's Findings and Recommendation to which a party objects?
- Whether Defendants' motion to dismiss should be granted.
- Whether Plaintiff should be permitted to amend the complaint.
Disposition
dismissed
Cases Cited (5)
- Thomas v. Arn, 474 U.S. 140, 149–50 (1985)(followed)
- United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)(followed)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam)(followed)
- Barahona v. Union Pac. R.R., 881 F.3d 1122, 1134 (9th Cir. 2018)(followed)
- Cervantes v. Countrywide Home Loans, Inc., 656 F.3d 1034, 1043 (9th Cir. 2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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