Numrich v. State of Oregon

Filing 21

ORDER: The Court ADOPTS Magistrate Judge Jelderkss Findings andRecommendation 17 , GRANTS Defendants Motion [8-1] to Dismiss, DENIES as moot Defendants Motion [8-2] for More Definite Statement, and DISMISSES this matter with prejudice. See attached 2 page Order for full text. Signed on 08/31/2015 by Judge Anna J. Brown. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

EDGAR T. NUMRICH,
Plaintiff,

3:15-CV-00183-JE
ORDER

v.
STATE OF OREGON,
Defendant.

BROWN, Judge.
Magistrate Judge John Jelderks issued Findings and
Recommendation (#17) on June 17, 2015, in which he recommends the
Court grant Defendant’s Motion (#8-1) to Dismiss, deny as moot
Defendant’s Motion (#8-2) for More Definite Statement, and
dismiss this matter with prejudice.

Plaintiff 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).
In his Objections Plaintiff reiterates the arguments
contained in his Response to Defendant’s Motion to Dismiss.

This

Court has carefully considered Plaintiff'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 Jelderks’s Findings and
Recommendation (#17), GRANTS Defendant’s Motion (#8-1) to
Dismiss, DENIES as moot Defendant’s Motion (#8-2) for More
Definite Statement, and DISMISSES this matter with prejudice.
IT IS SO ORDERED.
DATED this 31st day of August, 2015.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge
2 - ORDER