Clow v. Grants Pass Public Safety Office et al

Filing 78

ORDER: Magistrate Judge Clarke's Report and Recommendations 69 , 75 are adopted. The motions to dismiss 62 and for limited judgment 73 are granted. Plaintiff's state law claims against Bean are dismissed without prejudice and with leave to refile in state court. Signed on 1/17/2013 by Judge Owen M. Panner. (dkj)

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 has filed two-Reports and
Recommendations, and they are both now before this court.
U.S.C. § 636(b) (1) (B),

Fed. R. Civ. P. 72 (b).

See 28

Although no

objections have been filed to either Report and Recommendation,
this court reviews the legal principles de novo.

See Lorin Corp.

v Goto & Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983).
As to the first Report and Recommendation (#69),

I agree with

Magistrate Judge Clarke that plaintiff failed to state a claim
1 -

ORDER

under 42 U.S.C.

§

1983 against defendant Barbara Bean.

I also

agree that this court should decline to exercise supplemental
jurisdiction over plaintiff's state law claims against Bean, so
those claims are dismissed without prejudice and with leave to
refile in state court.
As to the second Report and Recommendation (#75),

I agree

with Magistrate Judge Clarke that the Grants Pass defendants are
entitled to a judgment of dismissal.

Because

remaining defendant, is also being dismissed,

~Bean,

the only

I will issue a

judgment covering the entire action.
Accordingly,

I adopt the Reports and Recommendations of

Magistrate Judge Clarke.

See 28 U.S.C.

§

636(b) (1) (B), Fed. R.

Ci v. P. 7 2 (b) .
CONCLUSION

Magistrate Judge Clarke's Reports and Recommendations
#75) are adopted.

The motions to dismiss

judgment (#73) are granted.

(#69,

(#62) and for limited

Plaintiff's state law claims against

Bean are dismissed without prejudice and with leave to refile in
state court.
IT IS SO ORDERED.
DATED this ~day of January, 2013.

OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER