Prestininzi v. Smithers et al

Filing 15

ORDER: Adopting Magistrate Judge Clarke's Findings and Recommendation 13 . Motion to Dismiss for Failure to State a Claim 6 is granted in part and denied in part. Signed on 3/28/2017 by Judge Michael J. McShane. (cp)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON LARRY PRESTININZI, Plaintiff, Civ. No. 1:16-cv-01723-CL v. ORDER BRANDON SMITHERS and DAVID WEHNER Defendants. _____________________________ MCSHANE, Judge: Magistrate Judge Mark Clarke filed a Findings and Recommendation (#13), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72. Although neither party filed objections, I reviewed the legal principles de novo. United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude the report is correct. Magistrate Judge Clarke’s Findings and Recommendation (#3) is adopted. The motion to dismiss (#6) is granted in part and denied in part. IT IS SO ORDERED. DATED this 28th day of March, 2017. _______/s/ Michael J. McShane________ Michael McShane United States District Judge 1 – ORDER

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