Hartman v. Brady et al

Filing 77

ORDER: The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation 72 . Accordingly, the Court GRANTS Defendants' Motion 44 to Dismiss and DISMISSES Plaintiff's Complaint with leave to replead. The case is returned to the Magistrate Judge to issue a scheduling order setting a deadline for the filing of an amended complaint. Signed on 10/18/2016 by Judge Anna J. Brown. See attached 2 page Order. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

CHRISTOPHER HARTMAN,
Plaintiff,

3:15-CV-01753-AC
ORDER

v.
MATTHEW P. BRADY, RANDY BONDS,
M. MCDOUGAL, TROY GAINER,
CHRISTOPHER COWEN, RACHEL COX,
CITY OF VERNONIA, CITY OF SCAPPOSE,
COLUMBIA CITY, COLUMBIA COUNTY,
and WASHINGTON COUNTY,
Defendants.

BROWN, Judge.
Magistrate Judge John V. Acosta issued Findings and
Recommendation

(#72) on September 9, 2016,

this Court grant Defendants' Motion (#44)
Plaintiff's Complaint with leave to amend.

in which he recommends
to Dismiss and dismiss
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
1- ORDER

Recommendation were timely filed, this Court is relieved of its
obligation to review the record de nova.
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 bane).
Having reviewed the legal principles de nova, the Court does not
find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings and
Recommendation (#72).

Accordingly, the Court GRANTS Defendants'

Motion (#44) to Dismiss and DISMISSES Plaintiff's Complaint with
leave to replead.

The case is returned to the Magistrate Judge

to issue a scheduling order setting a deadline for the filing of
an amended complaint.
IT IS SO ORDERED.
DATED this 18th day of October, 2016.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

2- ORDER