Lukens v. Portland Police Bureau et al

Filing 40

ORDER: The Court adopts Magistrate Judge Stewart's Findings and Recommendation 36 . Accordingly, Defendants' motion for summary judgment 29 is granted. See 2-page order attached. Signed on 12/3/2013 by Judge Marco A. Hernandez. (mr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

TROY A. LUKENS,

No. 3:13-cv-00430-ST
Plaintiff,

v.
PORTLAND POLICE BUREAU, Officer
AARON SCHMAUTZ, Officer JANE DOE,
CITY OF PORTLAND, and MULTNOMAH
COUNTY SHERIFF’S DEPARTMENT,
Defendants.

Troy A. Lukens, Pro Se
81 Ava Avenue
Gresham, OR 97030
David A. Landrum
City of Portland, Oregon
City Attorney’s Office
1221 SW Fourth Avenue, Room 430
Portland, OR 97204
Attorney for Defendants

1 - ORDER

ORDER

HERNANDEZ, District Judge:
Magistrate Judge Stewart issued a Findings and Recommendation (#36) on November 14,
2013, in which she recommends that the Court grant Defendants’ motion for summary judgment
(#29). The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil
Procedure 72(b).
Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, I am relieved of my 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) (de novo review required only for portions of Magistrate
Judge’s report to which objections have been made). Having reviewed the legal principles de
novo, I find no error.
CONCLUSION
The Court adopts Magistrate Judge Stewart’s Findings and Recommendation (#36).
Accordingly, Defendants’ motion for summary judgment (#29) is granted.
IT IS SO ORDERED.

DATED this

day of December, 2013.

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER