Singh v. Washburn et al

Filing 55

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation 50 and, therefore, DENIES Plaintiff's Motion 40 for Leave to File Supplemental Complaint without prejudice to Plaintiff to pursue his new claims in a separate action. The Court also GRANTS in part and DENIES in part Defendants' Partial Motion 26 to Dismiss Plaintiff's Complaint. Signed on 3/15/2016 by Judge Anna J. Brown. (gw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ROTISH V. SINGH,

2:14-CV-01477-SB

Plaintiff,

ORDER

v.
SUE WASHBURN et al.,
Defendants.

BROWN, Judge.
Magistrate Judge Stacie F. Beckerman issued Findings and
Recommendation (#50) on February 5, 2016, in which she recommends
the Court grant in part and deny in part Defendants' Partial
Motion (#26) to Dismiss Plaintiff’s Complaint and deny
Plaintiff’s Motion (#40) for Leave to File Supplemental Complaint
without prejudice to Plaintiff to pursue his new claims in a
separate action.

Plaintiff filed Objections to the Findings and

Recommendation.

The matter is now before this Court pursuant to

28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When any party objects to any portion of the Magistrate
Judge's Findings and Recommendation, the district court must make

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a de novo determination of that portion of the Magistrate Judge's
report.

28 U.S.C. § 636(b)(1).

See also Dawson v. Marshall, 561

F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328
F.3d 1114, 1121 (9th Cir. 2003)(en banc).
This Court has carefully considered Plaintiff’s Objections
and concludes they do not provide a basis to modify the Findings
and Recommendation.

The Court also has reviewed the pertinent

portions of the record de novo and does not find any error in the
Magistrate Judge's Findings and Recommendation.

CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman’s Findings and
Recommendation (#50) and, therefore, DENIES Plaintiff’s Motion
(#40) for Leave to File Supplemental Complaint without prejudice
to Plaintiff to pursue his new claims in a separate action.
The Court also GRANTS in part and DENIES in part Defendants'
Partial Motion (#26) to Dismiss Plaintiff’s Complaint as follows:
1.

GRANTS Defendants' Partial Motion to Dismiss as to
Plaintiff’s First Claim and DISMISSES that claim with
prejudice;

2.

GRANTS Defendants' Partial Motion to Dismiss as to
Plaintiff’s claim against Defendant S. Johnson and
DISMISSES that claim with prejudice; and

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3.

DENIES Defendants' Partial Motion to Dismiss as to
Plaintiff’s claim against Defendant M. Gower.

IT IS SO ORDERED.
DATED this 15th day of March, 2016.

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

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