Dillard v. The State of Oregon et al

Filing 42

ORDER: Adopting Magistrate Judge Clarke's Report and Recommendation 35 ; Granting Defendant's Motion to Dismiss 22 . Plaintiff's claims are dismissed with prejudice, except the claims for search and seizure violations and malicious prosecution, which are dismissed without prejudice. Plaintiff may file an amended complaint within thirty days. Signed on 10/8/2013 by Magistrate Judge Mark D. Clarke. (dkj) Modified on 10/9/2013 to correct signature date (dkj).

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRI.CT OF OREGON
MEDFORD DIVISION
C. GORDON DILLARD,
No. 1:13-cv-373-CL
Plaintiff,

v.
THE STATE OF OREGON, 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).

See 28

W.hen either party

objects to any portion of a Magistrate Judge's Report and
Recommendation, the district court makes a de novo determination
of that portion of the Magistrate Judge's report.

28 U.S.C.

§

636(b) (1) (C); McDonnell Douglas Corp. v. Commodore Bus. Mach.,
·-Inc., 656 F. 2d 1309, 1313 (9th Cir. 1981).
Here, plaintiff objects to the Report and Recommendation, so
I have reviewed this matter de novo.

I agree with the Report and

Recommendation that the State of Oregon is entitled to Eleventh

1 -

ORDER

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-..

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Amendment immunity.

Plaintiff's claims against the Attorney

General of Oregon must be dismissed with prejudice because
plaintiff cannot state a claim against Ellen Rosenblum, the
current

Atto~ney

General, or John Kroger, the Attorney General

during plaintiff's prosecution.

Because of prosecutorial

immunity, plaintiff's claims against District Attorney Stephen
Campbell and Assistant District Attorney Michael Sanchez must also
be dismissed with

prejud~ce.

Plaintiff may file an amended complaint within thirty days,
following the guidelines in the Report and Recommendation.
Failure to file a timely amended complaint will result in
dismissal of this action with prejudice.
CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#35) is
adopted.

Defendants' motion to dismiss (#22) _is granted, and the

remaining defendants are dismissed sua sponte.

Plaintiff's claims

are dismissed with prejudice, except the claims for search and
seizure violations and malicious prosecution, which are dismissed
without prejudice.

Plaintiff may file an amended complaint within

thirty days.

..
.

IT IS SO ORDERED.
DATED this

---4-

day of

/?VA_, , a:7

~~

a~013.

~L

OWEN M. PANNER
U.S. DISTRICT JUDGE
2 - ORDER