Walker v. United States Department of Agriculture

Filing 46

ORDER: Adopting Judge Mark D. Clarke's Findings and Recommendation 43 . Signed on 4/20/2018 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ANGIE WALKER,
Plaintiff,
v.

Civ. No. 1:16-cv-01880-CL
ORDER

UNITED STATES OF AMERICA,
Defendant.
_____________________________
MCSHANE, Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation (ECF No. 43), and
the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72. Plaintiff
filed objections to the Report and Recommendation. Accordingly, I have reviewed the file of this
case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus.
Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude the report is
correct. Magistrate Judge Clarke’s Report and Recommendation (ECF No. 43) is adopted.
Because Plaintiff’s Amended Complaint lacks an arguable basis in law or fact, her appeal of its
dismissal is frivolous. Franklin v. Murphy, 745 F.2d 1221, 1225 (9th Cir. 1984). Plaintiff’s IFP
status is revoked.
IT IS SO ORDERED.
DATED this 20th day of April, 2018.
_____/s/ Michael J. McShane_____
Michael McShane
United States District Judge
1 – ORDER