Britton v. Klamath County et al

Filing 154

ORDER: The Court adopts Magistrate Judge Clarke's F&R 144 in its entirety. Defendants' motion for summary judgment and motion to strike are GRANTED. Plaintiff's motions 98 , 104 , 105 , 108 , 111 , 120 , 129 , and [138 ] are DENIED for the reasons set forth in the F&R. Plaintiff's motion to open discovery 153 is denied as moot. Accordingly, this case is dismissed, with prejudice. Signed on 9/3/2019 by Judge Ann L. Aiken. (Mailed to Pro Se party on 9/4/2019.) (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

LANCE A. BRITTON,

No. 1:15-cr-02086-CL

ORDER
Plaintiff,

v.
KLAlVIATH COUNTY, et al,
Defendants,
AIKEN, District Judge.
Magistrate Judge J\IIark Clarke has filed his Findings and Recommendation
("F&R'') (doc. 144) recommending that defendants' motion for summary judgment
(doc. 93) and motion to strike (doc. 101) should be GRANTED, and plaintiffs motion
for default judgment (doc. 98), motion for reconsideration (doc. 108), and five other
miscellaneous motions (docs. 104, 105, 111, 129, 138) should be DENIED. The case
is now before this Court. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b).
Plaintiff has filed timely objections (doc. 150) to the F&R, and defendants have
filed a timely response. (doc. 151). When either party objects to any portion of a
magistrate judge's F&R, the district court must make a de nova determination of that
portion of the magistrate judge's report.
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See 28 U.S.C. § 636(b)(l); McDonnell

Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir.

1981), cert denied, 455 U.S. 920 (1982).
Having reviewed the entire file of this case, the Court finds no error in the
F&R.

Thus, the Court adopts Magistrate Judge Clarke's F&R (doc. 144) in its

entirety.

Defendants' motion for summary judgment and motion to strike are

GRANTED. Plaintiffs motions (docs. 98, 104, 105, 108, 111, 120, 129, and 138) are
DENIED for the reasons set forth in the F&R. Plaintiffs motion to open discovery
(doc. 153) is denied as moot. Accordingly, this case is dismissed, with prejudice.
IT IS SO ORDERED.
Dated this 3rd day of September 2019.

Ann Aiken
United States District Judge

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