McCracken v. Portland General Electric et al

Filing 102

ORDER: The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation 100 . The Court GRANTS State Defendants' Motion 47 to Dismiss, GRANTS PGE's Motion 54 to Dismiss, and DISMISSES Plaintiff's Amended Complaint with prejudice. Signed on 09/09/2011 by Judge Anna J. Brown. See attached 2 page Order for full text. (bb)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION ELLEN M. McCRACKEN, Plaintiff, 3:10-CV-937-ST ORDER v. PORTLAND GENERAL ELECTRIC, et al., Defendants. BROWN, Judge. Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#100) on July 19, 2011, in which she recommends this Court grant State Defendants' Motion (#47) to Dismiss, grant the Motion (#54) to Dismiss of Portland General Electric (PGE), 1 - ORDER and dismiss Plaintiff's Amended Complaint with prejudice. The matter is now before this Court pursuant to 28 U.S.C. ยง 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. United States v. Reyna- Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). See also United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988). Having reviewed the legal principles de novo, the Court does not find any error. CONCLUSION The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#100). Accordingly, the Court GRANTS State Defendants' Motion (#47) to Dismiss, GRANTS PGE's Motion (#54) to Dismiss, and DISMISSES Plaintiff's Amended Complaint with prejudice. IT IS SO ORDERED. DATED this 9th day of September, 2011. /s/ Anna J. Brown ANNA J. BROWN United States District Judge 2 - ORDER

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