Tran v. Kuehl et al

Filing 175

ORDER: The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation 164 . Therefore, Defendants' Motions to Dismiss 145 146 are GRANTED, and Plaintiff's Third Amended Complaint 139 is dismissed without leave to amend. IT IS SO ORDERED. DATED: November 20, 2020 by United States District Judge Marco A. Hernandez. (pjg)

Case 3:16-cv-00707-AC

Document 175

Filed 11/16/20

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LINH THI MINH TRAN,
Plaintiff,

No. 3:16-cv-00707-AC
ORDER

v.
OFFICER DARRYN J. KUEHL,
OFFICER BENJAMIN J. TOOPS, and
OFFICER RYAN KERSEY,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge John Acosta issued a Findings and Recommendation [164] on January
14, 2020, in which he recommends that this Court grant Defendants’ motion to dismiss
Plaintiff’s Third Amended Complaint. The matter is now before the Court pursuant to 28 U.S.C.
§ 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

1 – ORDER

Case 3:16-cv-00707-AC

Document 175

Filed 11/16/20

Page 2 of 2

Plaintiff filed timely objections to the Magistrate Judge’s Findings & Recommendation.
Pl. Obj., ECF 169. When any party objects to any portion of the Magistrate Judge’s Findings &
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 there is no
basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent
portions of the record de novo and finds no error in the Magistrate Judge’s Findings &
Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Acosta’s Findings and Recommendation [164].
Therefore, Defendants’ Motions to Dismiss [145] [146] are GRANTED, and Plaintiff’s Third
Amended Complaint [139] is dismissed without leave to amend.
IT IS SO ORDERED.

DATED: _______________________.
November 15, 2020

___________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER