Jeremiah v. Nooth et al

Filing 142

ORDER: Judge Kasubhai's Findings and Recommendation 131 is adopted. Defendant's Motion for Summary Judgment 106 is granted in part as stated in the report. Defendants' motion is denied with respect to Claim II alleging F irst Amendment retaliation against Officer McNitt based on the misconduct report of December 28, 2015. The deadline to consent to Magistrate Judge Kasubhai trying this matter is August 14, 2020. With full consent the case will remain with Judge Kasubhai for trial. If any party does not consent, the case will be reassigned to Judge McShane for trial. Signed on 6/18/2020 by Judge Michael J. McShane. **3 PAGE(S), PRINT ALL**(Brian Jeremiah, Prisoner ID: 11464377) (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
BRIAN A. JEREMIAH,
Plaintiff,
v.

Civ. No. 2:17-cv-1612-MK
ORDER

MARK NOOTH, et al.,
Defendants.
_____________________________
MCSHANE, Judge:
Magistrate Judge Mustafa Kasubhai filed a Findings and Recommendation (ECF No.
131), and the matter is now before this court. 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 correct.

1 –ORDER

Magistrate Judge Kasubhai’s Findings and Recommendation (ECF No. 131) is adopted.
Defendants’ motion for summary judgment is GRANTED in part as stated in the report.
Defendants’ motion is DENIED with respect to Claim II alleging First Amendment retaliation
against Officer McNitt based on the misconduct report of December 28, 2015.
The deadline to consent to Magistrate Judge Kasubhai trying this matter is August 14,
2020. With full consent, the case will be remain with Judge Kasubhai for trial. If any party does
not consent, the case will be reassigned to Judge McShane for trial.
IT IS SO ORDERED.
DATED this 18th day of June, 2020.

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

2 –ORDER