Cork v. City of Clatskanie et al

Filing 26

ORDER: Adopting the Magistrate's Findings and Recommendation 19 . Defendants' Second Motion to Dismiss 11 the Amended Complaint is Granted and the Amended Complaint is Dismissed with prejudice. Signed on 9/5/17 by Judge Marco A. Hernandez. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MICHAEL CORK,

No. 3:17-cv-00051-PK
Plaintiff,

v.
CITY OF CLATSKANIE, COLUMBIA
COUNTY, WALLY THOMPSON,

ORDER

Defendants
HERNANDEZ, District Judge:
Magistrate Judge Papak issued a Findings & Recommendation (#19) on June 15, 2017, in
which he recommends the Court grant Defendants' motion to dismiss the First Amended
Complaint with prejudice. Plaintiff has timely filed objections to the Findings &
Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Federal
Rule of Civil Procedure 72(b).
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
1 - ORDER

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).
I have carefully considered Plaintiff's objections and conclude there is no basis to modify
the Findings & Recommendation. I have also reviewed the pertinent portions of the record de
novo and find no other errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings & Recommendation [19], and
therefore, Defendant's motion to dismiss the Amended Complaint [11] is granted and the
Amended Complaint is dismissed with prejudice.
IT IS SO ORDERED.
DATED this

day of

MARCO A. HERNANDEZ
United States District Judge

2 - ORDER

, 2017.