Ashbaugh v. Yamhill County District Attorney's Office et al

Filing 74

ORDER: Adopting the Magistrate's Findings and Recommendation 57 . The Court Denies the DAO Defendants' Motion to Dismiss 46 and the County Defendants' Motion to Dismiss 47 . Signed on 10/3/18 by Judge Marco A. Hernandez. (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

BRIAN CODY ASHBAUGH,
Plaintiff,

No. 3:17-cv-01038-JR
ORDER

v.
YAMHILL COUNTY, BRAD BERRY,
YAMHILL COUNTY DISTRICT
ATTORNEY’S OFFICE, TIM SVENSON,
and YAMHILL COUNTY JAIL,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Papak issued a Findings and Recommendation [57] on May 18, 2018,
in which he recommends that this Court deny the Motions to Dismiss filed by Defendants
Yamhill County District Attorney’s Office and Brad Berry (“DAO Defendants”) and Defendants
Yamhill County, Yamhill County Jail, and Tim Svenson (“County 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).
1 - ORDER

Defendants filed timely objections to the Magistrate Judge’s Findings &
Recommendation. Cty. Def. Obj., ECF 65; DAO Def. Obj., ECF 66. 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 Defendants’ objections and concludes 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 Papak’s Findings and Recommendation [57]. The
Court DENIES the DAO Defendants’ Motion to Dismiss [46] and the County Defendants’
Motion to Dismiss [47].
IT IS SO ORDERED.

DATED this ___________ day of __________________, 2018.

____________________________________________________
MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER