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)

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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

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