Spangler v. City of Monument et al

Filing 176

ORDER: The Court adopts Magistrate Judge Sullivans Findings and Recommendation 161 . The Court DENIES all Motions for Summary Judgment 128 133 140 . Signed on 3/20/19 by Judge Marco A. Hernandez. (dsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PENDLETON DIVISION

AMY SPANGLER

No. 2:16-CV-00090-SU
Plaintiff,

ORDER

v.
CITY OF MONUMENT, WILLIAM
RAY TURNER, PAT McCARY, and
NICHOLAS DEVINE
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Sullivan issued a Findings and Recommendation [161] on October 23,
2018 in which she recommends the Court deny all Motions for Summary Judgement [128] [133]
[140]. Plaintiff and defendants City of Monument and Pat McCary filed timely objections to the
Findings and Recommendation. The matter is now before the Court pursuant to 28 U.S.C. §
636(b)(1) and Federal Rule of Civil Procedure 72(b).
1 - ORDER

When any party objects to any portion of the Magistrate Judge’s Findings and
Recommendation, the district court must make a de novo determination of that portion of the
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).
The Court has carefully considered all objections and concludes that the objections do not
provide a basis to modify the recommendation. The Court has also reviewed the pertinent
portions of the record de novo and finds no error in the Magistrate Judge’s Findings and
Recommendation.
CONCLUSION
The Court adopts Magistrate Judge Sullivan’s Findings and Recommendation [161]. The
Court DENIES all Motions for Summary Judgment [128] [133] [140].
IT IS SO ORDERED.

DATED this

day of ____________________, 2019.

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER