Mertz v. Fema

Full title: GUNNAR H. MERTZ, Plaintiff, v. FEMA, Department of Homeland Security…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Aug 10, 2011

3:10-CV-00260-AC (D. Or. Aug. 10, 2011)

Opinion

3:10-CV-00260-AC.

August 10, 2011

ORDER

ANNA BROWN, District Judge

Magistrate Judge John V. Acosta issued Findings and Recommendation (#23) on February 14, 2011, in which he recommended the Court grant Defendant's Motion (#12) to Dismiss. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003) ( en banc); United States v. Bernhardt, 840 F.2d 1441, 1444 (9^th Cir. 1988).

In his Objections, Plaintiff reiterates the arguments contained in his Response to Defendant's Motion to Dismiss. This Court has carefully considered Plaintiff's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#23) and GRANTS Defendant's Motion (#12) to Dismiss.

IT IS SO ORDERED.