Dearmon v. Ferguson Enterprises, Inc.

Filing 16

ORDER: Granting 5 Motion to Dismiss for Failure to State a Claim; Adopting Findings and Recommendation 10 . Signed on 11/12/2014 by Judge Owen M. Panner. (jkm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION CHRISTOPHER DEARMON, No. 1:14-cv-1375-CL Plaintiff, v. FERGUSON ENTERPRISES, ORDER INC., Defendant. 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) (1) (B), Fed. R. Civ. P. 72(b). objections have been filed, novo. See 28 Although no this court reviews legal principles de See Lorin Corp. v Goto & Co., Ltd., 700 F.2d 1202, 1206 (8th Cir. 1983). After reviewing the file, I agree with Magistrate Judge Clarke that Plaintiff's second and third claims must be dismissed 1 - ORDER with prejudice. Accordingly, I adopt the Report and Recommendation of Magistrate Judge Clarke. CONCLUSION Magistrate Judge Clarke's Report and Recommendation (#10) is adopted. Defendant's motion to dismiss Plaintiff's second and third claims for failure to state a claim (#5) is granted. IT IS SO ORDERED. DATED this /V day of November, 2 014. OWEN M. PANNER U.S. DISTRICT JUDGE 2 - ORDER

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