Mitchell v. Burger et al

Filing 20

ORDER: Denying Motion 17 ; Adopting Findings and Recommendation 18 . The petition (#1) is dismissed without prejudice. Signed on 4/17/2015 by Judge Owen M. Panner. (jkm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
WILLIAM MITCHELL,
No. 1:14-cv-1854-CL
Plaintiff,
v.

RUSSEL BURGER, et al.,

ORDER

Respondents.
PANNER, District Judge:

Magistrate Judge Mark D. Clarke filed Findings 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

Although no

objections have been filed, this court reviews legal principles de
novo.

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 this action must be dismissed for the reasons cited in
1 -

ORDER

the prior order (#5), and for failure to prosecute.

Accordingly,

I adopt the Findings and Recommendation of Magistrate Judge
Clarke.
CONCLUSION

Magistrate Judge Clarke's Findings and Recommendation (#18)
is adopted.

Petitioner's motion to transfer (#17) is denied.

petition (#1) is dismissed without prejudice.
IT IS SO ORDERED.

DATED this

/1

day of April, 2015.

OWEN M. PANNER
U.S. DISTRICT JUDGE

2 - ORDER

The