French v. Snake River Corr Inst et al

Filing 12

ORDER: Adopting Magistrate Judge Mark D. Clark's Findings and Recommendation 7 . This action is dismissed with prejudice. Signed on 6/29/2016 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
TONY FRENCH,
Plaintiff,
v.
CAPTAIN TURNER, et al.,
Defendants.

Civ. No. 2:15-cv-02431-CL
Civ. No. 2:15-cv-02432-CL
Civ. No. 2:15-cv-02433-CL
Civ. No. 2:15-cv-02435-CL
Civ. No. 2:15-cv-02436-CL
ORDER

_____________________________
MCSHANE, Judge:
Magistrate Judge Mark D. Clarke filed a Findings and Recommendation in each of the
above cases filed by plaintiff Tony French. The matter is now before this court. See 28 U.S.C. §
636(b)(1)(B), Fed. R. Civ. P. 72. Although plaintiff did not file objections, I reviewed the legal
principles de novo. United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no
error and conclude the reports are correct.
Although plaintiff did not file objections, he filed a motion to disqualify Judge Clarke
and a Second Amended Complaint. The motion to disqualify does not put forth any facts
1 –ORDER

indicating even the appearance of bias. Instead, French simply states that for some unstated
reason, Judge Clarke will not give him a fair trial. This bare allegation, without more, is
meritless. Magistrate Judge Clarke’s Findings and Recommendations are adopted. The Second
Amended Complaints are similar to the earlier complaints, largely illegible, and do not address
the deficiencies pointed out by Judge Clarke. As further leave to amend would be futile, this
action is DISMISSED with prejudice.
IT IS SO ORDERED.
DATED this 29th day of June, 2016.

_______/s/ Michael J. McShane ________
Michael McShane
United States District Judge

2 –ORDER