Grainger v. Ensley et al

Filing 47

ORDER: The Court adopts the Report and Recommendation 37 of Judge Mark D. Clarke. Defendants Katter and Robertss Motion to Dismiss 21 is granted in part and denied in part as set forth in the Report and Recommendation. Plaintiffs first claim, for deprivation of a procedural due process liberty interest in violation of the Fourteenth Amendment, is dismissed with prejudice. Plaintiff is granted leave to file an amended complaint within thirty (30) days of the date of this Order to properly specify the amount in damages sought against the individual defendants named in the Complaint. Signed on 5/6/2019 by Judge Michael J. McShane. (cp)

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

JONELL GRAINGER, as personal
representative of the ESTATE OF
JOSHUA TODD FISCHER,
Plaintiff,
v.

No. 1:18-cv-01093-CL
ORDER

JOHN ENSLEY; ROBIN KATTER;
DYLAN ROBERTS; CURRY COUNTY;
JOHN WARD,
Defendants.
_______________________________________
McSHANE, District Judge.
Magistrate Judge Mark D. Clarke has filed a Report and Recommendation, ECF No. 37,
concerning Defendants Robin Katter and Dylan Roberts’s Motion to Dismiss, ECF No. 21.
Plaintiff has filed Objections to the Report and Recommendation, ECF No. 43, Defendants Katter
and Roberts have filed a Response to Plaintiff’s Objections, ECF No. 46, and the matter is now
before this Court. The Court has reviewed the file of this case de novo. 28 U.S.C. § 636(b)(1);
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

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The Court has given this matter de novo review and finds no error. Accordingly, the Court
ADOPTS the Report and Recommendation. Defendants Katter and Roberts’s Motion to Dismiss
is GRANTED in part and DENIED in part as set forth in the Report and Recommendation.
Plaintiff’s first claim, for deprivation of a procedural due process liberty interest in violation of the
Fourteenth Amendment, is dismissed with prejudice. Plaintiff is granted leave to file an amended
complaint within thirty (30) days of the date of this Order to properly specify the amount in
damages sought against the individual defendants named in the Complaint.
It is so ORDERED and DATED this 6th day of May, 2019.

s/Michael J. McShane

MICHAEL McSHANE
United States District Judge

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