Dillard v. The State of Oregon et al

Filing 71

ORDER: Adopting Magistrate Judge Clarke's Report and Recommendation 63 . Granting Motion to Dismiss 57 ; Granting 58 Motion to Dismiss for Failure to State a Claim and dismissing plaintiff's amended complaint 56 with prejudice. IT IS SO ORDERED. Signed on 5/6/2014 by Judge Owen M. Panner. (dkj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT 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

When 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.
1 -

QRDER

I agree with the Report and

Recommendation that plaintiff's amended complaint fails to state a
claim for relief against any defendant.

I also conclude.that

allowing plaintiff to file a second amended complaint would be
futile,

so dismissal must be with prejudice.
CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#63)
adopted.

Defendants' motions to dismiss (## 57, 58) are granted,

and plaintiff's amended complaint (#56) is dismissed with
prejudice.
IT IS SO ORDERED.
DATED

this~

day of May, 2014.

OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER

lS