Kemp v. City of Springfield et al

Filing 59

ORDER: Adopting Findings and Recommendation 57 . Motion to Dismiss 46 is denied. Signed on 3/5/2012 by U.S. District Judge Michael R. Hogan. (jw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE
MARK ANDREW KEMP,
Plaintiff,
Civil No. 6:10-cv-6420-TC

v.
ORDER
CITY OF SPRINGFIELD, PETER
KIRKPATRICK, in his individual
and official capacities; LANE )
COUNTY; SHERIFF RUSSEL BURGER, )
in his individual and official )
capacities; TERRY FIELDS, in
)
her individual and official
)
capacities; DR. ALAN KOHN, in )
his original and official
)
capacit s; DR. JUDY PISONNEAULT)
in her individual and official )
capacities; HARVEY MARSHAL, in )
his individual and official
)
capacities; MICHAEL MCBRIDE, in)
his individual and official
)
capacities,
)
)
Defendants.
)

------------------------)
1

- ORDER

Magistrate Judge Thomas M Coffin has filed his Findings and
Recommendation on January 30, 2012.
me.

See 28 U.S.C.

The matter is now before

636(b) (1) (B) and Fed. R. Civ. P. 72(b).

§

objections have been timely filed.

No

This relieves me of my

obligation to give the factual findings de novo review.

Lorin

700 F.2d 1202, 1206 (9th Cir. 1982).
See also Britt v. Simi Valley Unified School Dist., 708 F.2d
452, 454 (9th Cir. 1983).

Having reviewed the legal principles

de novo, I find no error.
Accordingly,
Recommendation.

I

ADOPT

Judge

Coffins

Findings

The motion to dismiss (#46) from defendant City

of Springfield and defendant Kirkpatrick is denied.
DATED this

2

- ORDER

and

d

day of

-!1~/.JI.e;tC;It,.(.c.....
41----'

2012.