Moret v. Garrett et al

Filing 109

ORDER: Magistrate Judge Kasubhai's Findings and Recommendation 103 is adopted. Defendants motion for summary judgment 84 is GRANTED. Plaintiff's cross motion for summary judgment and declaratory judgment 88 and 89 are DENIED. Signed on 10/13/2021 by Judge Michael J. McShane. **3 PAGE(S), PRINT ALL**(Andrew Moret, Prisoner ID: 16301890) (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ANDREW GUY MORET,
Plaintiff,
v.

Civ. No. 3:18-cv-96-MK
ORDER

T. MILLSAP,
Defendant.
_____________________________
MCSHANE, Judge:
Magistrate Judge Mustafa Kasubhai filed a Findings and Recommendation (ECF No.
103), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P.
72(b). Plaintiff filed objections to the Findings and Recommendation. ECF Nos. 105, 107.
Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c);
McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).
The Court finds no error and concludes the report is correct. Even assuming the report
incorrectly found the date of the incident to be January 29 rather than January 26, that fact is
immaterial to the report’s conclusions.
1 –ORDER

Magistrate Judge Kasubhai’s Findings and Recommendation (ECF No. 103) is adopted.
Defendant’s motion for summary judgment (ECF No. 84) is GRANTED. Plaintiff’s cross motion
for summary judgment and declaratory judgment (ECF Nos. 88, 89) are DENIED.
IT IS SO ORDERED.
DATED this 13th day of October, 2021.
_______/s/ Michael J. McShane________
Michael McShane
United States District Judge

2 –ORDER