Kelley et al v. Morton et al

Filing 63

ORDER: The Court ADOPTS Magistrate Judge Stewarts Findings and Recommendation 61 . Accordingly, the Court GRANTS in part and DENIES in part Defendants Motion 34 for Partial Summary Judgment as stated in the attached Order. Signed on 09/17/2014 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

SANDRA KELLEY, Personal
Representative of the Estate of
LARRY McKINNEY, CHANCE McKINNEY,
STORMY McKINNEY, STEVIE McKINNEY,

3:12-CV-01647-ST
ORDER

Plaintiffs,
v.
MICHAEL MORTON, JOE KAISER, THE
CITY OF FAIRVIEW, by and through
the Fairview Police Department,
Defendants.

BROWN, Judge.
Magistrate Judge Janice M. Stewart issued Findings and
Recommendation (#61) on August 28, 2014, in which she recommends
this Court grant in part and deny in part the Motion (#34) for
Partial Summary Judgment filed by Defendants Michael Morton and
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the City of Fairview.

The matter is now before this Court

pursuant to 28 U.S.C. § 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.
561 F.3d 930, 932 (9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
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 (#61).

Accordingly, the Court GRANTS in part and

DENIES in part Defendants’ Motion (#34) for Partial Summary
Judgment as follows:
1.

The Court GRANTS Defendants’ Motion for Summary
Judgment as to Plaintiffs’ First Claim against Morton
in its entirety.

2.

The Court GRANTS Defendants’ Motion for Summary
Judgment as to Plaintiffs’ Second Claim against Morton
premised on a violation of the Fourteenth Amendment.

3.

The Court GRANTS Defendants’ Motion for Summary
Judgment as to Plaintiffs’ Fifth Claim against the City

2 - ORDER

of Fairview.
4.

The Court DENIES the remainder of Defendants’ Motion
for Summary Judgment.

IT IS SO ORDERED.
DATED this 17th day of September, 2014.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

3 - ORDER