Clow v. Grants Pass Public Safety Office et al

Filing 60

ORDER: Adopting Report and Recommendation 51 ; Granting w/ prejudice defendant Josephine County District Attorney's Office's Motion to Dismiss 15 . Ordered & Signed on 8/1/12 by Judge Owen M. Panner. (kf)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION WILSON L. CLOW JR., Case No. 1:12-cv-149-CL Plaintiff, v. GRANTS PASS PUBLIC SAFETY OFFICER J. MOORE, et al., ORDER Defendants. PANNER, District Judge: Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. U.S.C. § 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 district court makes a de novo determination of that portion of the 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). 1 - ORDER Here, pIa iff objects to the Report and Recommendation, so I have reviewed this matter de novo. Judge arke that I agree with Magistrate complaint does not state a claim for relief against the Josephine County District Attorney's Office because of absolute prosecut al immunity. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke. CONCLUSION Magistrate Judge Clarke's Report and Recommendation (#51) is adopted. Defendant Josephine County District Attorney's Office's motion to dismiss (#15) is granted with prejudice. IT IS SO ORDERED. DATED this ( day of August, 2012. OWEN M. PANNER U.S. DISTRICT JUDGE 2 - ORDER

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