Ashbaugh v. McMinnville Police Department et al

Filing 83

ORDER: Adopting the Magistrate's Findings and Recommendation 80 . The Moving Defendant's Motion to Dismiss 75 is Granted. The claims against Defendant Yamhill County District Attorney's Office are Dismissed without pre judice but without leave to amend in federal court. The claims against Defendants Eagan and Winters are Dismissed with prejudice because they are barred by the applicable statute of limitations. Signed on 8/14/18 by Judge Marco A. Hernandez. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

BRIAN C. ASHBAUGH
Plaintiff,

No. 3:16-cv-02332-PK
ORDER

v.
MCMINNVILLE POLICE DEPARTMENT,
ERIK NEWHOUSE, YAMHILL COUNTY
DISTRICT ATTORNEY’S OFFICE, HOLLY
WINTER, ALICIA KAY EAGAN, and
YAMHILL COUNTY JAIL,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [80] on May 18, 2018,
in which he recommends the Court grant the Motion to Dismiss filed by Defendants Yamhill
County District Attorney’s Office, Holly Winter, and Alicia Kay Eagan (the “Moving

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Defendants”). 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).
Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, the Court is relieved of its obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v.
Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of
Magistrate Judge’s report to which objections have been made). Having reviewed the legal
principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak’s Findings and Recommendation [80].
Accordingly, the Moving Defendant’s Motion to Dismiss [75] is GRANTED. The claims against
Defendant Yamhill County District Attorney’s Office are dismissed without prejudice but
without leave to amend in federal court. The claims against Defendants Eagan and Winters are
dismissed with prejudice because they are barred by the applicable statute of limitations.
IT IS SO ORDERED.

DATED this

day of _____________, 2018

MARCO A. HERNÁNDEZ
United States District Judge

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