Webber v. First Student, Inc. et al

Filing 22

ORDER: Granting Motion to Dismiss 8 ; Granting Motion to Dismiss 10 ; Adopting Magistrate Judge Clarke's Report and Recommendation 18 . Plaintiff has leave to amend the complaint in accordance with the Report and Recommendation. Signed on 8/9/2011 by Judge Owen M. Panner. (dkj)

I

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

KENNETH WEBBER,

Case No. 1:11-cv-03032-CL
Plaintiff,
v.
FIRST STUDENT INC., et al.,

ORDER

Defendants.

PANNER, District Judge:
Magistrate
Recommendation,
U.S.C.

§

Mark D. Clarke fi
matter is now

a Report and
fore this court.

636(b) (1) (B), Fed. R. Civ. P. 72(b).

objections have
principles de novo.

led, this court

28

Although no

ews the 1

See Lorin Corp. v Goto & Co., Ltd., 700 F.2d

1202, 1206 (9th Cir. 1983).
I have given the legal issues
Magistrate Judge

rke that pIa inti

violation of his

1 protection r

1 -

ORDER

novo review.

I agree with

cannot state a claim for
s under the Unit

States

or Oregon constitutions, and that plaintiff's claim for violation
of Article I, section 8 of the Oregon Constitution should be
dismissed without prejudice.

Accordingly,

I ADOPT the Report and

Recommendation of Magistrate Judge Clarke.

CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#18)
adopted.

Defendants' motions to dismiss

is

(#8 & #10) are granted.

Plaintiff has leave to amend the complaint in accordance with the
Report and Recommendation.
IT IS SO ORDERED.
DATED this

if

day of August, 2011.

,e<'/

OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER