Wray v. Oregon Department of Corrections et al

Filing 90

ORDER: The Court Adopts Magistrate Judge Papak's Findings and Recommendation 85 . This matter proceeds only as to Plaintiff's Fifth and seventh Claims and only to the extent they are alleged against Defendant Behavioral Health Services Department. Signed on 07/08/2013 by Judge Anna J. Brown. See attached 4 page Order for full text. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ERIC EUGENE WRAY,
Plaintiff,
v.
OREGON DEPARTMENT OF
CORRECTIONS, a State of
Oregon public entity; EASTERN
OREGON CORRECTIONAL
INSTITUTION, a State of
Oregon public entity;
MEDICAL and BEHAVIORAL HEALTH
SCIENCES DEPARTMENTS OF E.O.C.I.,
a State of Oregon public
entities; MAX WILLIAMS, Former
Director of Oregon Department
of Corrections; JOYCE DUVAL,
Manager of Behavioral Health
Sciences at E.O.C.I.; RAYMOND
PETERS, Lieutenant at E.O.C.I.,
Defendants.

1 - ORDER

2:12-CV-00980-PK
ORDER

BROWN, Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#85) on May 1, 2013, in which he recommends this
Court grant in part and deny in part Defendants' Unenumerated
Motion (#66-1) to Dismiss for Failure to Exhaust and grant in
part and deny in part Defendants' Motion (#66-2) for Judgment on
the Pleadings.

The matter is now before this Court pursuant to

28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure
72(b).
Although Plaintiff filed a document titled "Objections,"
Plaintiff does not object to the substance of the Findings and
Recommendation.

Plaintiff instead clarifies the proper name of

Defendant in Plaintiff's Sixth and Seventh Claims is the Medical
Department rather than the Medical Health Department.

Defendants

do not object to Plaintiff's clarification, and it is supported
by the allegations in Plaintiff's Complaint.

The Court,

therefore, incorporates the changes in its adoption of the
Findings and Recommendation as set out below.
Because no substantive objections to the Magistrate Judge's
Findings and Recommendation were filed, this Court is relieved of
its obligation to review the record de novo.

United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).

See

also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir.
1988).

Having reviewed the legal principles de novo, the Court

2 - ORDER

does not find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings and
Recommendation (#85).
1.

Accordingly, the Court:

GRANTS Defendants' Unenumerated Motion (#66-1) to
Dismiss for Failure to Exhaust as to Plaintiff's First
through Fourth Claims and DISMISSES those claims with
prejudice;

2.

GRANTS Defendants' Unenumerated Motion (#66-1) to
Dismiss for Failure to Exhaust as to Plaintiff's Sixth
Claim and DISMISSES that claim without prejudice;

3.

GRANTS Defendants' Unenumerated Motion (#66-1) to
Dismiss for Failure to Exhaust as to Plaintiff's
Seventh Claim to the extent that claim is alleged
against Defendant Medical Department and DISMISSES that
claim without prejudice;

4.

DENIES Defendants' Unenumerated Motion (#66-1) to
Dismiss for Failure to Exhaust as to Plaintiff's Fifth
and Seventh Claims to the extent they are alleged
against Defendant Behavioral Health Services
Department;

5.

3 - ORDER

DENIES Defendants' Unenumerated Motion (#66-1) to

Dismiss for Failure to Exhaust as to Plaintiff's Eighth
through Tenth Claims;
6.

GRANTS Defendants' Motion (#66-2) for Judgment on the
Pleadings as to Plaintiffs' Seventh Claim to the extent
that claim is brought against the individually-named
Defendants in their individual capacity and DISMISSES
that claim with prejudice;

7.

GRANTS Defendants' Motion (#66-2) for Judgment on the
Pleadings as to Plaintiffs' Eighth through Tenth Claims
and DISMISSES those claims with prejudice.

Accordingly, this matter proceeds only as to Plaintiff's
Fifth and Seventh Claims and only to the extent they are alleged
against Defendant Behavioral Health Services Department.
IT IS SO ORDERED.
DATED this 8th day of July, 2013.

/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

4 - ORDER