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)

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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.

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