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)

Download PDF
Case 3:21-cv-01503-JR Document 9 Filed 01/10/22 Page 1 of 2 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?