Gibbs v. Lane Community College

Filing 45

Order. Findings and Recommendation 41 filed 11/26/2013 is adopted. Plaintiff's motion requesting transfer or amendment of the amount sough 40 is denied. Defendant's amended motion to dismiss 27 is granted and this case is dismissed. Clerk is directed to enter Judgment accordingly. Signed on 12/18/2013 by Chief Judge Ann L. Aiken. (rh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ANDREW PETER GIBBS,

Case No. 6:12-cv-02078-TC

Plaintiff,

ORDER

v.
LANE COMMUNITY COLLEGE,
Defendant.

Aiken, Chief Judge:
Magistrate Judge Coffin issued his Findings and Recommendation
in the above-captioned case on November 26, 2013, recommending that
defendant's motion to dismiss be granted and plaintiff's claims
dismissed. The matter is now before me.

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

See 2 8 U.S. C.

§

63 6 (b) ( 1) ;

McDonnell

Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309,
1

- ORDER

1313 (9th Cir. 1981).
Plaintiff

filed

an

"appeal"

of

the

Findings

and

Recommendation, but he made no specific objections to any portion
of

Magistrate

Judge

Coffin's

ruling.

Doc.

4 0.

Plaintiff

requested that the case be transferred "from L. C. C.
government." Doc.

40. However,

also

to the U.S.

the case has been filed in United

State District Court, and the court cannot "transfer" or refer a
case to the United States Attorney's office. Moreover, upon de novo
review,

I find no error with Magistrate Judge Coffin's analysis.

Plaintiff failed to administratively exhaust his claims or file a
tort

claim notice which would permit him to file

suit

against

defendant. Therefore, plaintiff fails to state a claim upon which
relief may be granted.
Accordingly,

IT

IS

HEREBY

ORDERED

that

Coffin's Findings and Recommendation (doc. 41)
2013

is

ADOPTED.

Plaintiff's

amendment of the amount sought
Amended Motion to Dismiss

(doc.

Motion
(doc.
27)

40)

Magistrate

Judge

filed November 26,

requesting
is DENIED.

transfer

Defendant's

is GRANTED and this case is

DISMISSED. The Clerk is directed to enter Judgment accordingly.
IT IS SO ORDERED.
Dated this

j(

day of December, 2013.

Ann Aiken
United States District Judge
2

- ORDER

or