Grainger v. Ensley et al

Filing 68

ORDER: The Court adopts the Findings and Recommendation 60 . State Defendants' Motion to Dismiss 56 is denied. County Defendants' Motion to Dismiss 52 , is granted in part and denied in part as set forth in the Findings and Recommendation. Plaintiff's first and second claims for relief are dismissed. The Court shall retain supplemental jurisdiction over Plaintiff's remaining state law claims. Signed on 8/27/2019 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 Findings and Recommendation, ECF No. 60,
concerning the County Defendants’ Motion to Dismiss, ECF No. 52, and the State Defendants’
Motion to Dismiss, ECF No. 56. The County Defendants have filed Objections to the Findings
and Recommendation, ECF No. 62, Plaintiff has filed a Response to County Defendants’
Objections, ECF No. 65, 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).

Page 1 – ORDER

The Court has given this matter de novo review and finds no error. Accordingly, the Court
ADOPTS the Findings and Recommendation. State Defendants’ Motion to Dismiss, ECF No. 56,
is DENIED. County Defendants’ Motion to Dismiss, ECF No. 52, is GRANTED in part and
DENIED in part as set forth in the Findings and Recommendation. Plaintiff’s first and second
claims for relief are DISMISSED. The Court shall retain supplemental jurisdiction over Plaintiff’s
remaining state law claims.
It is so ORDERED and DATED this _27__ day of August, 2019.

s/Michael J. McShane
MICHAEL McSHANE
United States District Judge

Page 2 – ORDER