Gonzales et al v. Schutt

Filing 23

ORDER: Denying 7 Motion to Dismiss for Failure to State a Claim; Granting Motion for Leave to File Amended Complaint/Petition 11 ; Adopting Findings and Recommendation 16 . Signed on 1/27/2015 by Judge Owen M. Panner. (jkm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
ORLANDO GONZALES; BONNIE
JEAN GONZALES,
1:14-cv-01347-CL
Plaintiffs,
v.

ORDER

DAVID SCHUTT,
Defendant.

PANNER, District

On

Decemb~r

Ju~ge:

12, 2014, Magistrate Judge Mark D. Clarke filed a

Findings and Recommendation (#16), and the matter is now before
this Court.

See 28 U.S.C.

Defendant filed objections

§

636(b)(l)(B), Fed. R. Civ. P. 72(b).

(#21),

Plaintiffs have responded to

Defendant's objections (#22) and I have reviewed the file of this
case de novo. 28 U.S.C.

§

636(b)(1)(C); McDonnell Doualas Corp. v.

1 - ORDER

I

Commodore Bus. Mach.,

Inc.,

656 F.2d 1309, 1313 (9th Cir. 1981).

I have given this matter de novo review. I find no error.
There are insufficient facts for the Court to make a determination
regarding prosecutorial immunity and sovereign immunity at this
stage of the case.
Recommendation.

Accordingly,

I ADOPr the Findings and

Defendant's Motion to Dismiss (#7)

Plaintiffs' Motion to Amend the Complaint (#11)

is DENIED.

is GRANTED.

IT IS SO ORDERED.

DATED this

,%... '1

day of January, 2 014.

~~~~~
OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER