Clackamas County, Oregon v. Medley
Filing
12
ORDER: The Court ADOPTS Magistrate Judge Hubel's Findings and Recommendation 7 and, therefore, REMANDS this matter to Clackamas County Justice Court for lact of subject-matter jurisdiction. Signed on 03/03/2014 by Judge Anna J. Brown. See attached 2 page Order for full text (bb)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
CLACKAMAS COUNTY, OREGON,
Plaintiff,
3:13-CV-01968-HU
ORDER
v.
RON E. MEDLEY,
Defendant.
BROWN, Judge.
Magistrate Judge Dennis James Hubel issued Findings and
Recommendation (#7) on December 9, 2013, in which he recommends
the Court sua sponte remand this matter to Clackamas County
Justice Court for lack of subject-matter jurisdiction.
Defendant
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).
1 - ORDER
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)(1).
See also Dawson v. Marshall, 561
F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328
F.3d 1114, 1121 (9th Cir. 2003)(en banc).
This Court has carefully considered Defendant’s 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 novo and does not find any error in the
Magistrate Judge's Findings and Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Hubel’s Findings and
Recommendation (#7) and, therefore, REMANDS this matter to
Clackamas County Justice Court for lack of subject-matter
jurisdiction.
IT IS SO ORDERED.
DATED this 3rd day of March, 2014.
/s/ Anna J. Brown
_____________________________
ANNA J. BROWN
United States District Judge
2 - ORDER
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