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)

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