Rossi v. Garrison et al

Filing 18

ORDER: Adopting Findings and Recommendation 9 . This action is DISMISSED with leave to amend. Plaintiff shall have thirty (30) days from the date of this Order to file an amended complaint.IT IS SO ORDERED. Signed on 4/7/2015 by Judge Owen M. Panner. (jkm)

IN THE UNITED STATES DISTRICT,COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
JAMES HAROLD ROSSI,
1:14-cv-01642-CL
Plaintiff,
v.

ORDER

HONORABLE RANDOLPH LEE GARRISON,
et al.,
Defendants.

PANNER, District Judge:
On November 10, 2014, Defendant Bowers filed a motion to
dismiss

(#4).

Magistrate Judge Mark D. Clarke filed a Report and

Recommendation (#9), and the matter is now before this Court.
2e

u.s.c.

objections

§

636(b) (1) (B),

Plaintiff filed

(#17) and I have reviewed the file of this case de

novo. 28 U.S.C.
1 - ORDER

Fed. R. Civ. P. 72(b).

§

See

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

Cormnodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
I have given this matter de novo review.

I find no error.

In his Objections, Plaintiff appears to concede that he cannot
sustain a claim under 42 U.S.C. § 1983 and that he has not
properly pled his claim for abuse of process.

Plaintiff also

appears to endorse Judge Clarke's recormnendation that the case be
dismissed with leave to amend.

Accordingly, I ADOPT the Report

and Recormnendation (#9).
This action is DISMISSED with leave to amend.

Plaintiff

shall have thirty (30) days from the date of this Order to file an
amended complaint.
IT IS SO ORDERED.

DATED this ~day of April, 2015.

0~&~
OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER