Miller v. Department of Child Support Services et al, No. 6:2018cv00884 - Document 23 (D. Or. 2018)

Court Description: OPINION AND ORDER: The Court ADOPTS Magistrate Judge Russo's F&R 18 . Defendants' motion to dismiss 15 is GRANTED, and this case is DISMISSED. Signed on 10/22/2018 by Judge Ann L. Aiken. (ck)
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Miller v. Department of Child Support Services et al Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION ANDRE MILLER, Case No. 6:18-cv-00884-MK OPINION AND ORDER Plaintiff, vs. SAN MATEO COUNTY and SAN MATEO COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES, Defendants. AIKEN, Judge: United States Magistrate Judge Jolie A. Russo 1 filed her Findings and Recommendation ("F&R") (doc. 18) on September 18, 2018, recommending that this Court grant defendants' motion to dismiss (doc. 15). The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Plaintiff filed timely objections (doc. 22) to the F&R. When any party objects to a magistrate judge's F&R, the district court must make a de novo determination of the specified proposed findings or recommendations to which the objection is made. 28 U.S.C. § 636(b)(l); 1 This case has since been reassigned to Magistrate Judge Mustafa T. Kasubhai. I - OPINION AND ORDER Dockets.Justia.com Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en bane). The Court has considered plaintiffs objections and concludes that there is no basis to modify the F &R. The Court has also reviewed the pertinent portions of the record de nova and finds no errors in the F&R. Accordingly, the Court ADOPTS Magistrate Judge Russo's F&R (doc. 18). Defendants' motion to dismiss (doc. 15) is GRANTED, and this case is DISMISSED. IT IS SO ORDERED JP Dated thiscV-day of October 2018. Ann Aiken United States District Judge 2 - OPINION AND ORDER