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ROBERT ANDERSON, Plaintiff, v. V.A. HOSPITAL and UNITED STATES, Defendants.

ORDER

ANNA BROWN, District Judge

Magistrate Judge Dennis James Hubel issued Findings and Recommendation (#47) on January 23, 2009, in which he recommends this Court grant Plaintiff's Motion to Dismiss (#45) without prejudice and deny as moot Defendants' Motion for Summary Judgment (#32). The matter is now before this 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, this Court is relieved of its obligation to review the record de novo. Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983) (rev'd on other grounds). See also Lorin Corp. v. Goto Co., 700 F.2d 1202, 1206 (8th Cir. 1983). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation (#47). Accordingly, the Court GRANTS Plaintiff's Motion to Dismiss (#45) without prejudice and DENIES as moot Defendants' Motion for Summary Judgment (#32).

IT IS SO ORDERED.

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ANDERSON v. V.A. HOSPITAL
(Mar 2, 2009)