Godwin v. Rogue Valley Youth Correctional Facility et al

Filing 106

ORDER: Adopting Findings and Recommendation 98 . Denying State Defendants' Motion for Summary Judgment 70 as to Defendants' motion to dismiss Plaintiff's claims against Defendants Ken Jerin and Jean Straight and Granted as to Plaintiff's First Amendment claims; Granting Motion for Summary Judgment 73 ; Denying Motion 87 . Signed on 12/20/2013 by Judge Owen M. Panner. (dkj)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION RONALD GODWIN, 1:12-cv-00478-CL Plaintiff, v. ORDER ROGUE VALLEY YOUTH CORRECTIONAL FACILITY (RVYCF), KEN JERIN, Superintendent, OREGON YOUTH AUTHORITY, COLLETTE PETER, Director, JEAN STRAIGHT, an individual employed by the OYA, CITY OF GRANTS PASS, JOHN and JANE DOE Defendants. PANNER, District Judge: .·<) Magistrate Judge Mark D. Clarke filed a Repoit and Recommendation (#98), and the matter is now before this court. See 28 U.S.C. 1 - ORDER § 636(b) (1) (B), Fed. R. Civ. P. 72(b). Plaintiff- filed objections (#104) and the State Defendants have responded to those objections de novo. (#105)and I have reviewed the file of this case 28 U.S.C. § 636(b) (1) (C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I have given 'this matter de novo review. Accordingly, I find no error. I ADOPT the Report and Recommendation (#98). Plaintiff's Motion for Summary Judgment (#87) Pass' Motion for Summary Judgment is GRANTED. (#73) is DENIED. State Defendants' Motion for Summary Judgment (#70) Grants is DENIED as to Defendants' motion to dismiss Plaintiff's claims against Defendants Ken Jerin and Jean Straight and GRANTED as to Plaintiff's First Amendment claims. As Judge Clarke explained in his Order Regarding Letter (#101), summary judgment in favor of State Defendants on Plaintiff's First Amendment claims results in the dismissal of all claims against Defendants Jerin and Straight. IT IS SO ORDERED. DATED this ~ day of December, 2013. OWEN M. PANNER U.S. DISTRICT JUDGE 2 - ORDER

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