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.

§

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