Moulin et al v. City of Central Point et al

Filing 49

ORDER: Accordingly, the Court adopts the Report and Recommendation. Defendants Motion to Dismiss is granted in part and denied in part as set forth in Judge Clarkes Report and Recommendation. Plaintiff shall have thirty (30) days from the date of this Order in which to file an amended complaint, should he choose to do so. Amended Complaint is due 6/1/2018. Signed on 5/2/2018 by Judge Michael J. McShane. (cp) Modified on 5/2/2018 (cp).

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

JOSHUA MOULIN,
Plaintiff,

No. 1:17-cv-00857-CL

v.

ORDER

CITY OF CENTRAL POINT;
KRISTINE ALLISON; MICHAEL
ANDERSON; BRIAN DAY;
DARIN LUX; DARIN TWEEDT,
Defendants.
_______________________________________
McSHANE, District Judge.
Magistrate Judge Mark D. Clarke has filed a Report and Recommendation, ECF No. 47,
concerning the Motion to Dismiss filed by Defendants Darin Lux and Darin Tweedt, ECF No.
35, and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).
Although no objections have been filed, this Court reviews the legal principles de novo. See
Lorin Corp. v. Goto & Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983).
The Court has given this matter de novo review and finds no error. Accordingly, the
Court ADOPTS the Report and Recommendation.

Defendants’ Motion to Dismiss is

GRANTED in part and DENIED in part as set forth in Judge Clarke’s Report and
Recommendation. Plaintiff shall have thirty (30) days from the date of this Order in which to
file an amended complaint, should he choose to do so.
It is so ORDERED and DATED this 2nd day of May, 2018.
s/Michael J. McShane

MICHAEL McSHANE
United States District Judge
Page 1 – ORDER