Preuitt v. Oregon Department of Corrections et al

Filing 20

ORDER: Adopting the Magistrate's Findings and Recommendation 18 . Defendants' Motion to Dismiss 13 is Granted with prejudice as to Plaintiff's Fourth and Fifth Claims, and without prejudice as to Plaintiff's First, S econd, and Third Claims. Plaintiff is Granted leave to file an Amended Complaint no later than 4/6/2017 to cure the deficiencies set out in the Findings and Recommendation. The Court advises Plaintiff that the Magistrate Judge will review Plaintiff's Amended Complaint and will recommend sua sponte dismissal of the Amended Complaint if it fails to comply with the 3/1/2017 Findings and Recommendation or this Court's Order. Signed on 3/16/17 by Judge Anna J. Brown. (gm)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON KELLY NATHAN PREUITT, Plaintiff, 3:16-cv-00835-PK ORDER v. OREGON DEPARTMENT OF CORRECTIONS, an agency of the State of Oregon; COLETTE PETERS, individually; STEVE SHELTON, M.D., individually; HEIDI STEWARD, individually; JOHN DOES 1-10, individually, Defendants. BROWN, Judge. Magistrate Judge Paul Papak issued Findings and Recommendation (#18) on March 1, 2017, in which he recommends this Court grant Defendants' Motion (#13) to Dismiss; dismiss without prejudice Plaintiff's First, Second, and Third Claims; dismiss with prejudice Plaintiff's Fourth and Fifth Claims; and grant leave for Plaintiff to file an Amended Complaint to cure 1 - ORDER the deficiencies set out in the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. ยง 636(b) (1) (B) and Federal Rule of Civil Procedure 72(b). Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. 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 novo, the Court does not find any error. CONCLUSION The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#18). Accordingly, the Court GRANTS Defendants' Motion (#13) to Dismiss; DISMISSES without prejudice Plaintiff's First, Second, and Third Claims; DISMISSES with prejudice Plaintiff's Fourth and Fifth Claims; and GRANTS Plaintiff leave to file an Amended Complaint no later than April 6, 2017, to cure the deficiencies set out in the Findings and Recommendation. The Court advises Plaintiff that the Magistrate Judge will review Plaintiff's Amended Complaint and will recommend sua sponte dismissal of the Amended Complaint if it fails to comply with the March 1, 2017, Findings and Recommendation or this 2 - ORDER Court's Order. IT IS SO ORDERED. DATED this 16th day of March, 2017. ANNA J. BROWN United States District Judge 3 - ORDER

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