Pyles v. Winters et al

Filing 117

ORDER: Magistrate Judge Clarke's Findings and Recommendation 86 is adopted. Defendants' Motions 38 , 47 for Summary Judgment are granted. All pending motions (docket 95 , 96 , 97 , 98 , 99 , 102 , 105 , 109 , 110 , 111 , 112 ) are denied. IT IS SO ORDERED. Signed on 7/9/2013 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
DAVID J. PYLES,

)
)
)
)
)
)

Plaintiff,

v.

Civil No. 1:12-cv-00346-CL
ORDER

MIKE WINTERS, PHILLIP CICERO, )
JACKSON COUNTY, SCOTT CLAUSON,)
CITY OF MEDFORD,
)
Defendants.
PANNER,

)
)

Judge .

Plaintiff has filed a Complaint against the above named
Defendants.

On April 26, 2013, Magistrate Judge Clarke filed his

Findings and Recommendation (docket #86), recommending (1) that
Defendant's Motions

(docket #38, #47) for Summary Judgment be

granted and (2)that all other pending motions be denied as moot.
Plaintiff filed objections to the Findings and Recommendation in
this case on May 1, 2013,

(docket #88) and again on June 3, 2013

(docket #93).
The matter is now before me pursuant to 28 U.S.C.
§

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

Plaintiff filed

objections and I have reviewed the file of this case de novo.

1 - ORDER

See 28 U.S.C. § 636(b) (1) (C); McDonnell Douglas Corp. v.
Commodore Bus. Mach., Inc.,

656 F.2d 1309, 1313 (9th Cir. 1981).

After de novo review of the entire file,

I find

the Findings and Recommendation and adopt it in full.

'DO

error in
Plaintiff

in this case has made a considerable number of motions and oth-er
filings,

including judicial misconduct complaints against both

Judge Clarke and myself, complaints against Court Clerks and U.S.
Marshals, and requests to have the matter assigned to a different
judicial officer.

Additionally, Plaintiff demands that the FBI

be ordered to investigate his case.

Upon review I conclude that

these motions are an attempt to re-litigate the case and they are
without merit.

I find no misconduct has occurred and there is no

reason to re-assigQ the case.

A~cordingly,

all pending motions

are denied.
Conclusion

Magistrate Judge Clarke's Findings and Recommendation
(docket #86) are adopted.

Defendants' Motions (docket #38, #47)

for Summary Judgment are granted.
#95, #96, #97, #98, #99, #102,

All pending motions (docket

#105, #109, #110, #111, #112) are

denied.
IT IS SO ORDERED.
DATED this

sr

day of July, 2013.

&~71ttP~~
Owen M. Panner
United States District Judge

2 - ORDER