Stang v. United States of America et al

Filing 69

ORDER: The Court ADOPTS Magistrate Judge Yous F&R 64 . Therefore, Defendants motion for summary judgment 46 is GRANTED. Signed on 4/6/18 by Judge Marco A. Hernandez. (Mailed copy to plaintiff) (dsg)

UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
PORTLAND DIVISION

JOE DEE STANG,

No. 3:15-cv-02318-YY
Plaintiff,

v.
UNITED STATES OF AMERICA; RYAN
HUNT (former DMD F.C.I. Sheridan); and
JOHN KELSCH (DMD F.C.I. Sheridan),
Defendants.

Joe Dee Stang
Register No. 08958-023
F.C.I. Sheridan
P.O. Box 5000
Sheridan, OR 97378
Pro se Plaintiff

1 - ORDER

ORDER

Billy J. Williams
United States Attorney
Jared D. Hager
Assistant United States Attorney
U.S. Attorney’s Office
1000 SW Third Avenue, Suite 600
Portland, OR 97204
Attorneys for Defendants

HERNÁNDEZ, District Judge:
Magistrate Judge Youlee Yim You issued a Findings and Recommendation (“F&R”) [64]
on January 31, 2018, in which she recommends that this Court grant Defendants’ motion for
summary judgment [46]. Plaintiff timely filed objections to the F&R. The matter is now before
the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When a 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); 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).
The Court has carefully considered Plaintiff’s objections and concludes that the
objections do not provide a basis to modify the recommendation. The Court has also reviewed
the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s F&R.
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2 - ORDER

CONCLUSION
The Court ADOPTS Magistrate Judge You’s F&R [64]. Therefore, Defendants’ motion
for summary judgment [46] is GRANTED.

IT IS SO ORDERED.
DATED this

day of ____________, 2018.

MARCO A. HERNÁNDEZ
United States District Judge

3 - ORDER