Bratcher v. Polk County et al

Filing 22

ORDER: The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation 17 . Accordingly, Defendant City of Salem's Motion to Dismiss is GRANTED. Signed on 6/2/2021 by Judge Marco A. Hernandez. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

KEVIN BRATCHER,

No. 3:20-cv-02056-SB
Plaintiff,

ORDER

v.
POLK COUNTY, CITY OF SALEM,
DEPUTY MICHAEL H. SMITH, in his
individual capacity, and DOES 1-4, in their
individual capacity,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Beckerman issued a Findings and Recommendation [17] on April 17,
2021, in which she recommends that the Court grant Defendant City of Salem’s Motion to
Dismiss. 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

Because no objections to the Magistrate Judge’s Findings and Recommendation were
timely filed, the Court is relieved of its obligation to review the record de novo. United States v.
Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also United States v.
Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988) (de novo review required only for portions of
Magistrate Judge’s report to which objections have been made). Having reviewed the legal
principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Beckerman’s Findings and Recommendation [17].
Accordingly, Defendant City of Salem’s Motion to Dismiss is GRANTED.
IT IS SO ORDERED.

DATED: __________________________.
June 2, 2021

MARCO A. HERNÁNDEZ
United States District Judge

2 - ORDER