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WESLEY DAVID IKENBERRY, Plaintiff v. THE UNITED STATES OF AMERICA; Commissioner of Internal Re

ORDER

GARR KING, District Judge

The Honorable Janice Stewart, United States Magistrate Judge, filed Findings and Recommendation on October 8, 2003. Plaintiff filed timely objections to the Findings and Recommendation. When either party objects to any portion of a magistrate's Findings and Recommendation, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1);McDonnell Douglas Corp. v. Commodore Business Machines. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). The matter is before this court pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b).

This court has, therefore, given de novo review of the rulings of Magistrate Judge Stewart. This court ADOPTS the Findings and Recommendation of Magistrate Judge Stewart dated October 8, 2003 in its entirety.

IT IS HEREBY ORDERED that the United States' Motion to Dismiss (#3) is granted. This action is dismissed with prejudice.

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IKENBERRY v. U.S., (D.Or. 2003)
(Nov 6, 2003)