Boronda v. Moye et al

Filing 49

ORDER: Adopting Report and Recommendation 41 ; Granting in Part Denying in Part Motion for Leave to File Amended Complaint 36 . Amended Complaint is due w/in 10 days. Ordered & Signed on 7/27/12 by Judge Owen M. Panner. (kf)

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MICHAEL A. BORONDA,

No. 1:11-cv-3082-CL
Pla

iff,

v.

ORDER

SARA MOYE and JOSEPHINE
COUNTY,
Defendants.

PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and
Recommendation, and the matter is now
U.S.C.

§

fore this court.

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

See 28

When either party

objects to any portion of a Magistrate Judge's Report and
Recommendation, the distr
of that portion of

court ma

s a de novo determination

Magistrate Judge's report.

28 U.S.C. §

636(b) (1) (C); McDonnell Douglas Corp. v. Commodore Bus. Mach.,
Inc., 656 F. 2d 1309, 1313 (9th Cir. 1981).
Here, plaintiff objects to the Report and Recommendation, so
1 -

ORDER

with Magistrate

I have reviewed this matter
Judge Clarke that

would be futile to allow plaintiff to amend

the complaint to add a statutory claim under Or. Rev. Stat. §
6

.610.

Accordingly, I ADOPT the Report and Recommendation of

Magistrate Judge Clarke.

CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#41) is
adopted.

Plaintiff's motion for leave to file an amended

complaint (#36) is denied as to the statutory c
to economic damages.
of the

The amended complaint is due within 10 days

of this order.

IT IS SO ORDERED.
DATED this ~ day

July, 2012.

OWEN M. PArmER
U.S. DISTRICT JUDGE

2 - ORDER

im and granted as