Choka v. McCallan et al
Filing 39
OPINION AND ORDER: Upon review, I ADOPT Judge Stewarts F&R 37 as my own, and I GRANT the State of Oregons Motion to Dismiss 25 , and DISMISS Count II of the Complaint with prejudice. I also GRANT Mr. McClellans Motion to Dismiss 29 as to Count I alleged against Mr. McClellan in his individual capacity, and I DISMISS that claim without prejudice and with leave to amend; I otherwise DENY McClellans Motion to Dismiss. Signed on 2/11/2011 by Judge Michael W. Mosman. (dls)
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