Sharp v. Callahan et al

Filing 49

ORDER: Adopting Magistrate Judge Coffin's Findings and Recommendation 45 filed November 21, 2012, in its entirety. Defendants' Motion to Dismiss 10 , 27 and 28 are Granted. Plaintiff's pro bono counsel's request for termination of appointment 41 is Granted. This proceeding is dismissed. The Clerk of the Court is directed to enter judgment accordingly. Signed on 12/11/12 by Magistrate Judge Thomas M. Coffin. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

The Estate of MARJORY D. SHARP,
by and through her Personal
Representative, JEFFERY SHARP,
Plaintiff,
CASE NO. 6:12-cv-0605-TC

v.

CAROL CALLAHAN, OREGON CASCADES
WEST COUNCIL of GOVERNMENTS,
SAMARITAN HEALTH SERVICES,
INDEPENDENCE HEALTH and
REHABILITATION CENTER,

ORDER

Defendants.

Magistrate Judge Thomas M. Coffin filed Findings and
Recommendation on November 21, 2012, in the above entitled
case.

The matter is now before me pursuant to 28 U.S.C. §

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

When either party

objects to any portion of a magistrate judge's Findings and
1

- ORDER

Recommendation, the district court must make a de novo
determination of that portion of the magistrate judge's
report.

See 28 U.S.C.

§

636(b) (1); McDonnell Douglas Corp. v.

Commodore Business Machines, Inc.,

656 F.2d 1309, 1313 (9th

Cir. 1981), cert. denied, 455 U.S. 920 (1982).
Plaintiff has timely filed objections.

I have,

therefore, given de novo review of Magistrate Judge Coffin's
rulings.
I find no error.

Accordingly, I ADOPT Magistrate Judge

Coffin's Findings and Recommendation filed November 21, 2012,
in its entirety.
#28) are GRANTED.

Defendants' motions to dismiss (#10, #27,
Plaintiff's pro bono counsel's request for

termination of appointment (#41) is GRANTED.
This proceeding is dismissed.

The clerk of court is

directed to enter judgment accordingly.
IT IS SO ORDERED.
DATED this

I
I
J

2

- ORDER

II

day of December, 2012.