Stidhem et al v. Schwartz et al
ORDER: Magistrate Judge Coffins Findings and Recommendation 65 is adopted. Defendants motion for summary judgment 30 is granted as to each of plaintiffs claims except the Quiznos claim. Signed on 1/18/2017 by Judge Michael J. McShane. (cp)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
LORINDA SCHWARTC, Chaplain, et al.,
Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation (ECF No.
65), and the matter is now before me. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b).
Plaintiff filed objections to the Findings and Recommendation. Accordingly, I have reviewed the
file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore
Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude the report is
Magistrate Judge Coffin’s Findings and Recommendation (ECF No. 65) is adopted. I
assume, without deciding, that Stidhem asked the individual officers for grievance forms as
stated in his declaration. I note defendants provided strong evidence that Stidhem’s declarations
could not be true because the particular officers did not work in Stidhem’s unit at the times in
question. Even assuming Stidhem asked on those three occasions for a grievance form, his
minimal attempts at grieving his disputes during times when, as his own declarations establish,
the officers were busy, fail to establish the administrative remedies, which he clearly was aware
of, were “effectively unavailable to him.” See Albino v. Baca, 747 F.3d 1162, 1172 (9th Cir.
2014) (en banc). Defendants’ motion for summary judgment (ECF No. 30) is GRANTED as to
each of plaintiff’s claims except the “Quiznos” claim.
IT IS SO ORDERED.
DATED this 18th day of January, 2017.
_______/s/ Michael J. McShane________
United States District Judge
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