Wickenkamp v. Baum et al
Filing
35
ORDER: The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation 31 , and therefore, Defendants' motion to dismiss 12 is granted, and Plaintiff's claims are dismissed with prejudice. See 2-page order attached. Signed on 9/22/2015 by Judge Marco A. Hernandez. (mr)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MARY WICKENKAMP,
Plaintiff,
v.
No. 2:15-cv-00483-PK
ORDER
DAVID BAUM, et al.,
Defendants.
HERNÁNDEZ, District Judge:
Magistrate Judge Paul Papak issued a Findings & Recommendation [31] on July 24,
2015, recommending that Defendants’ motion to dismiss [12] should be granted and Plaintiff’s
claims against Defendants should be dismissed with prejudice. Plaintiff has timely filed
objections [33] to the Findings & Recommendation. The matter is now before me pursuant to 28
U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When a party objects to any portion of the Magistrate Judge's Findings &
Recommendation, the district court must make a de novo determination of that portion of the
1 – ORDER
Magistrate Judge's report. 28 U.S.C. § 636(b)(1); 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).
I have carefully considered Plaintiff’s objections and conclude there is no basis to modify
the Findings & Recommendation. I have also reviewed the pertinent portions of the record de
novo and find no errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [31], and
therefore, Defendants’ motion to dismiss [12] is granted, and Plaintiff’s claims are dismissed
with prejudice.
IT IS SO ORDERED.
DATED this _______ day of ____________________, 2015.
MARCO A. HERNÁNDEZ
United States District Judge
2 – ORDER
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