Fenton et al v. City of Portland

Filing 21

ORDER: Granting Motion to Dismiss 5 ; Adopting Findings and Recommendation 15 . Signed on 3/19/2010 by Judge Garr M. King. (da)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION NORMAN H. FENTON, DAVID CARNEYFENTON, and LISA CARNEY-FENTON Plaintiffs, v. CITY OF PORTLAND, an Oregon municipal corporation, Defendant. ___________________________________ Norman H. Fenton 3510 NW Vesta Street Portland, Oregon 97219 Pro Se Plaintiff Terence L. Thatcher City Attorney's Office 1221 S.W. Fourth Avenue, Room 430 Portland , Oregon 97204 Attorney for Defendant Page 1 - ORDER Civil No. 09-1240-ST ORDER KING, Judge: The Honorable Janice Stewart, United States Magistrate Judge, filed Findings and Recommendation on February 16, 2010. Plaintiff filed timely objections to the Findings and Recommendation. When either party objects to any portion 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), cert. denied, 455 U.S. 920 (1982). This court has, therefore, given de novo review of the rulings of Magistrate Judge Stewart. This court ADOPTS the Findings and Recommendation of Magistrate Judge Stewart (#15) dated February 16, 2010 in its entirety. IT IS HEREBY ORDERED that the City's Motion to Dismiss for Want of Jurisdiction (Ripeness) (#5) is granted. DATED this 19th day of March, 2010. /s/ Garr M. King GARR M. KING United States District Judge Page 2 - ORDER

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