Smith et al v. City of Astoria

Filing 76

ORDER: The Court ADOPTS Magistrate Judge Papak's Findings andRecommendation 69 and, therefore, (1) GRANTS Defendant's Constructive Motion 10 for Summary Judgment, (2) DISMISSES Plaintiffs' due-process and equal-protection claims with prejudice, (3) DECLINES to exercise supplemental jurisdiction as to Plaintiffs' state-law claims, and (4) DISMISSES Plaintiffs' state-law claims without prejudice. Signed on 02/09/2015 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

EDITA M. SMITH and EMERALD
HEIGHTS APARTMENTS, LLC,

3:13-CV-00716-PK
ORDER

Plaintiff,

v.
CITY OF ASTORIA,
Defendant.

BROWN, Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#69) on December 17, 2014, in which he recommends
the Court grant Defendant's Constructive Motion (#10) for Summary
Judgment, 1 dismiss Plaintiffs' due-process and equal-protection

1

On October 28, 2013, Magistrate Judge Papak construed
Defendant's Motion to Dismiss as a Motion for Summary Judgment
per stipulation by the parties.
1 - ORDER

claims with prejudice, decline to exercise supplemental
jurisdiction over Plaintiffs' state-law claims, and dismiss
Plaintiffs' state-law claims without prejudice.

Plaintiffs filed

timely Objections to the 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)(l).

F.3d 930, 932

See also Dawson v. Marshall,

561

(9th Cir. 2009); United States v. Reyna-Tapia, 328

F.3d 1114, 1121 (9th Cir. 2003) (en bane).
This Court has carefully considered Plaintiffs' Objections
and concludes they do not provide a basis to modify the Findings
and Recommendation.

The Court also has reviewed the pertinent

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

CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings and
Recommendation (#69) and, therefore,
(1)

GRANTS Defendant's Constructive Motion (#10) for
Summary Judgment,

(2)
2 - ORDER

DISMISSES Plaintiffs' due-process and equal-protection

claims with prejudice,
(3)

DECLINES to exercise supplemental jurisdiction as to
Plaintiffs' state-law claims, and

(4)

DISMISSES Plaintiffs' state-law claims without
prejudice.

IT IS SO ORDERED.
DATED this

9th

day of February, 2015.

ANNA J. BROWN
United States District Judge

3 - ORDER