Peterson v. United States of America et al

Filing 13

OPINION AND ORDER: Magistrate Judge Clarke's Findings and Recommendation 11 is adopted in its entirety, Defendants' Motion to Dismiss for Failure to State a Claim 6 is granted, and this action is dismissed with prejudice. Signed on 3/10/2017 by Judge Michael J. McShane. (cp) Modified on 3/10/2017 to add the word opinion to the docket text(cp).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

JERRY PETERSON,
Plaintiff,

Civ. No. 1:16-cv-1913-CL

v.
OPINION and ORDER
UNITED STATES OF AMERICA, et al,
Defendants.
_____________________________

MCSHANE, Judge:
Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 11)
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 it is correct.

1 – OPINION AND ORDER

Therefore, Magistrate Judge Clarke’s Findings and Recommendation (ECF No. 11) is
adopted in its entirety, Defendants’ Motion to Dismiss for Failure to State a Claim (ECF No. 6),
is GRANTED, and this action is DISMISSED with prejudice.
IT IS SO ORDERED.

DATED this 10th day of March, 2017.

_______/s/ Michael J. McShane________
Michael J. McShane
United States District Judge

2 – OPINION AND ORDER