Mendoza v. City of Portland et al

Filing 9

ORDER: Adopting the Magistrate's Findings and Recommendation 7 . Defendant's Partial Motion to Dismiss 3 is Granted. Signed on 1/10/22 by Judge Marco A. Hernandez. (gm)

Case 3:21-cv-01503-JR

Document 9

Filed 01/10/22

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

MARIA MENDOZA, an individual,
Plaintiff,

No. 3:21-cv-01503-JR
ORDER

v.
THE CITY OF PORTLAND, by and
through PORTLAND POLICE BUREAU, a
municipal corporation, PORTLAND POLICE
OFFICER JOHN DOE 1, in his individual and
official capacity, PORTLAND POLICE
OFFICER JOHN DOE 2, in his individual and
official capacity, and PORTLAND POLICE
OFFICER JANE DOE, in her individual and
official capacity,
Defendants.

HERNÁNDEZ, District Judge:
Magistrate Judge Russo issued a Findings and Recommendation on December 2, 2021, in
which she recommends that the Court grant Defendant’s motion to dismiss count four of

1 – ORDER

Case 3:21-cv-01503-JR

Document 9

Filed 01/10/22

Page 2 of 2

Plaintiff’s complaint. F&R, ECF 7. 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).
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 Russo’s Findings and Recommendation [7].
Accordingly, Defendant’s Partial Motion to Dismiss [3] is GRANTED.
IT IS SO ORDERED.

DATED: __________________________.
January 10, 2022

MARCO A. HERNÁNDEZ
United States District Judge

2 – ORDER