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Hemstreet v. Duncan

United States District Court, D. Oregon
May 21, 2008
Civil No. 07-732-ST (D. Or. May. 21, 2008)

Summary

holding "dismissal with prejudice" constitutes "a final decision on the merits and must be given preclusive effect"

Summary of this case from Richards v. Aurora Loan Services

Opinion

Civil No. 07-732-ST.

May 21, 2008


ORDER


Magistrate Judge Janice M. Stewart filed her Findings and Recommendation on May 5, 2008. The matter is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed.R. Civ P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review. See § 636(b)(1)(C); Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174-5 (9th Cir. 1996). Having reviewed the legal principles de novo, I find no error.

Accordingly, I ADOPT Magistrate Judge Stewart's Findings and Recommendation #70. Plaintiffs' Motion for Voluntary Dismissal Without Prejudice Pursuant to Fed R Civ P 41(a)(2) (docket #56) is GRANTED, conditioned on plaintiffs' agreement to dismiss with prejudice and not further prosecute an ORICO claim arising out of the same facts supporting the ORICO claim which this court previously dismissed with prejudice.

IT IS SO ORDERED.


Summaries of

Hemstreet v. Duncan

United States District Court, D. Oregon
May 21, 2008
Civil No. 07-732-ST (D. Or. May. 21, 2008)

holding "dismissal with prejudice" constitutes "a final decision on the merits and must be given preclusive effect"

Summary of this case from Richards v. Aurora Loan Services
Case details for

Hemstreet v. Duncan

Case Details

Full title:MARK HEMSTREET and GREGG CLAPPER, Plaintiffs, v. BRADLEY DUNCAN, RANDY…

Court:United States District Court, D. Oregon

Date published: May 21, 2008

Citations

Civil No. 07-732-ST (D. Or. May. 21, 2008)

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