Hieu v. Orr et al

Filing 76

ORDER: The Court ADOPTS Magistrate Judge Hubel's Supplemental Findings and Recommendation 60 and, therefore, ADHERES to its March 8, 2012, Order granting Defendant's Motion 23 for Summary Judgment and dismissing this matter with prejudice. Signed on 06/27/2012 by Judge Anna J. Brown. See attached 3 page Order (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

HIEU TRUONG,

3:10-CV-00558-HU
Plaintiff,

v.
CHER YAO CHEN, M.D., of
Oregon State Hospital,
Defendant.

HIEU TRUONG
#11999198
Snake River Correctional Institution
777 Stanton Blvd.
Ontario, OR 97914
Plaintiff, Pro Se
JOHN KROGER
Attorney General
JUSTIN E. KIDD
Assistant Attorney General
Oregon Department of Justice
1162 Court Street N.E.
Salem, OR 97301
[phone]
Attorneys for Defendant
1 - ORDER

ORDER

BROWN, Judge.
Magistrate Judge Dennis James Hubel issued Supplemental
Findings and Recommendation (#60) on March 27, 2012, in which he
recommends the Court adhere to its March 8, 2012, Order granting
Defendant's Motion (#23) for Summary Judgment and dismissing this
matter with prejudice.

After several extensions of time

Plaintiff filed Objections to the Supplemental Findings and
Recommendation.

The matter is now before this Court pursuant to

28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
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).

See also 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).
This Court has carefully considered Plaintiff's Objections
and the materials submitted with the Objections and concludes
they do not provide a basis to modify the Supplemental Findings
and Recommendation.

The Court also has reviewed the pertinent

portions of the record de novo and does not find any error in the
Magistrate Judge's Findings and Recommendation.

CONCLUSION
The Court ADOPTS Magistrate Judge Hubel’s Supplemental
2 - ORDER

Findings and Recommendation (#60) and, therefore, ADHERES to its
March 8, 2012, Order granting Defendant's Motion (#23) for
Summary Judgment and dismissing this matter with prejudice.
IT IS SO ORDERED.
DATED this 27th day of June, 2012.

/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

3 - ORDER