Smallwood v. Pope et al

Filing 48

Opinion and Order adopting Findings & Recommendation 45 , denying Motion for Judgment on the Pleadings 22 , granting Motion for Leave to File Amended Complaint 34 , Plaintiff allowed 30 days to file Amended Complaint. Signed on 10/3/18 by Judge Michael J. McShane. (kf)

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

JOSEPH LOUIS SMALLWOOD,
No. 2:17-cv-01517-TC
Plaintiff,
v.

OPINION AND ORDER

M. POPE; K. HOGELAND; D.
LILIENTHAL; DAVE G. POWELL,
Defendants.
______________________________________

MCSHANE, Judge:
Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation (“F&R”),
ECF No. 45, and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ.
P. 72(b). Although the parties filed no objections, I have reviewed the legal principles de novo.
See United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and
conclude that the report is correct. Judge Coffin’s F&R is adopted in full. Accordingly,
Defendants’ Motion for Judgment on the Pleadings, ECF No. 22, is DENIED with respect to
Plaintiff’s equal protection claim and GRANTED with respect to Plaintiff’s due process claim.
Plaintiff’s Motion for Leave to File Amended Complaint, ECF No. 34, is GRANTED and

Page 1 – OPINION AND ORDER

Plaintiff allowed 30 days to file an amended complaint curing the deficiencies of his due process
and failure to protect claims.
IT IS SO ORDERED.
DATED this 3rd day of October, 2018.
/s/ Michael McShane________
Michael J. McShane
United States District Judge

Page 2 – OPINION AND ORDER