Elmore v. Jackson County et al
Filing
60
ORDER: Granting with prejudice 37 Motion to Dismiss for Failure to State a Claim; Adopting Magistrate Judge Clarke's Report and Recommendation 57 . Signed on 1/7/2014 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.
ยง
636(b) (l)(B),
Fed. R. Civ. P. 72(b).
See 28
Although no
objections have been filed, this court reviews legal principles de
novo.
See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206
(8th Cir. 1983).
I agree with Magistrate Judge Clarke that plaintiff's
clai~
for malicious prosecution must be dismissed based on qualified
1 - ORDER
immunity and failure to state a claim.
Accordingly, I ADOPT the
Report and Recommendation.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#57) is
adopted.
Defendants' amended motion to dismiss (#37) .is granted
with prejudice.
IT IS SO ORDERED.
DATED this
~day
of January, 2014.
OWEN M. PANNER
U.S. DISTRICT JUDGE
2 - ORDER
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