Haight v. United States

MCSHANE, Judge

OPINION and ORDER MCSHANE, Judge:

Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 14) and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72. After having reviewed the legal principles and the Plaintiff's Objections (ECF No. 17), I find no error and conclude it is correct. United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998).

Judge Clarke's Findings and Recommendation is adopted in its entirety and the Defendant's Motion to Set Aside the Default Judgment (ECF No. 9) is GRANTED because the state court default judgment is void due to improper service on the USDA. IT IS SO ORDERED.

DATED this 1st day of June, 2017.

/s/ _________

Michael J. McShane

United States District Judge