Elmore v. Jackson County et al

Filing 31

ORDER: Magistrate Judge Clarke's Report and Recommendation (#27) is adopted. Defendants' motion to dismiss (#13) and plaintiff's motion for reconsideration (#25) are granted. Plaintiff may file an amended complaint within thirty days. Signed on 3/27/2013 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
LAWRENCE LEE ELMORE,
No. 1:12-cv-1332-CL
Plaintiff,
v.

JACKSON COUNTY, 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).

objections have been filed,

novo.

See 28

Although no

this court reviews legal principles de

See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206

(8th Cir. 1983).
I agree with Magistrate Judge Clarke that plaintiff's claims
must be dismissed as barred by the statute of limitations, and

1 - ORDER

that plaintiff should be given leave to file an amended complaint
asserting a claim for malicious prosecution.

Accordingly, I ADOPT

the Report and Recommendation of Magistrate Judge Clarke.
CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#27) is
adopted.

Defendants' motion to dismiss

(#13) and plaintiff's

motion for reconsideration (#25) are granted.
an amended complaint within thirty days.
IT IS SO ORDERED.
DATED this ~day of March, 2013.

OWEN M. FANNER
U.S. DISTRICT JUDGE

2 - ORDER

Plaintiff may file