Stauffer v. Newberg et al

Filing 21

ORDER OF DISMISSAL. Mr. James's Partial Motion to Dismiss 11 is GRANTED. Plaintiff's Fourth Amendment wrongful detention claim (the first claim for relief under the first cause of action), Fourth Amendment unreasonable search and seizure claim (the third claim for relief under the first cause of action), and each of the claims under the second cause of action are DISMISSED WITH PREJUDICE as to Mr. James. Signed on 12/7/2017 by Chief Judge Michael W. Mosman. (pvh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

JUSTIN STAUFFER,
Plaintiff,

No. 3:17-cv-01295-YY

v.

ORDER OF DISMISSAL

CITY OF NEWBERG, NATHAN JAMES,
BRIAN CASEY, ERIC STONE, PAUL
RAPET, CARL BUSSE, CHRIS
RASMUSSEN,
Defendants.
On November 16, 2017, Defendant Nathan James filed a Partial Motion to Dismiss [11]
Plaintiff Justin Stauffer's first and third claims for relief under the first cause of action stated in the
Complaint [l ], and each of Plaintiff's claims for relief under the second cause of action. Mr.
Stauffer filed a Response [17] on November 30, 2017, indicating he concedes lv!r. James's Partial
Motion to Dismiss in its entirety. Magistrate Judge Youlee Yim You referred this matter on
December 6, 2017 [20].
IT IS HEREBY ORDERED AS FOLLOWS:
Mr. James's Pmiial Motion to Dismiss is GRANTED. Plaintiff's Fomih Amendment
wrongful detention claim (the first claim for relief under the first cause of action), Fomih
Amendment unreasonable search and seizure claim (the third claim for relief under the first cause of

II I
Ill
II I
Page 2 - ORDER OF DISMISSAL

action), and each of the claims under the second cause of action are DISMISSED WITH
PREWDICE as to Mr. James.

DATED this

J

th

day of December, 2017.

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