Barringer v. Clackamas County et al

Filing 52

ORDER: Denying Motion for Partial Summary Judgment 35 ); Adopting Findings and Recommendation 47 . IT IS HEREBY ORDERED that Barringer's Amended Motion for Partial Summary Judgment 35 is denied. Barringer's claims for common law negligence against Deputy Davis and the County are dismissed. Signed on 12/21/10 by Judge Garr M. King. (dmd)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION AGNES LAURIE BARRINGER, Plaintiff, ORDER Civil No. 09-68-AC

v.
CLACKAMAS COUNTY, DEPUTY A. DAVIS, personally, DEPUTY JILL MCCLOUD, personally, and DEPUTY DALTON, personally, Defendants.

Leonard Randolph Berman 4711 SW Huber Street, Suite E-3 Portland, Oregon 97219 Attorney for Plaintiff Agnes Sowle Clackamas County Counsel 2051 Kaen Road Oregon City, Oregon 97045 Attorney for Defendants Page 1 - O R D E R

KING, Judge: The Honorable John V. Acosta, United States Magistrate Judge, filed Findings and Recommendation on November 22, 2010. Plaintiff filed timely objections to the Findings and Recommendation. When either party objects to any p01tion of a magistrate's Findings and Recommendation concerning a dispositive motion or prisoner petition, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), celt. denied, 455 U.S. 920 (1982). This court has, therefore, given de novo review of the rulings of Magistrate Judge Acosta. This court ADOPTS the Findings and Recommendation of Magistrate Judge Acosta (#47) dated November 22,2010 in its entirety. IT IS HEREBY ORDERED that Barringer's Amended Motion for Partial Summaty Judgment (#35) is denied. Barringer's claims for common law negligence against Deputy Davis and the County are dismissed .
.iZf~

DATED this

;2,/day of December, 2010.

GARRM.KING United States District Judge

Page 2 - ORDER