Martinez v. Peters et al

Filing 134

ORDER: The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation 131 . Accordingly, the Court DENIES Plaintiffs Motion 55 for Summary Judgment, GRANTS Defendants' Motion 72 for Summary Judgment, GRANTS Defendants& #039; Motion 91 to Dismiss, DISMISSES with prejudice Plaintiffs § 1983 claim set forth in his original Complaint 2 , and DISMISSES withoutprejudice Plaintiffs § 1983 claim set forth in his Supplemental Complaint 82 . Signed on 04/08/2015 by Judge Anna J. Brown. See attached 3 page Order for full text. (bb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

LEONEL O. MARTINEZ,
Plaintiff,

6:13-CV-00384-PK
ORDER

v.
COLETTE S. PETERS, Director,
O.D.O.C.; JEFF PREMO,
Superintendent, O.S.P.; M. YODER,
Asst. Superintendent of Security
O.S.P.; S.T.M. LT. YANCEY;
S.T.M. LT. UFFORD; and STEVE FRANKE,
Superintendent of T.R.C.I.,
Defendants.

BROWN, Judge.
Magistrate Judge Paul Papak issued Findings and
Recommendation (#131) on March 3, 2015, in which he recommends
this Court deny Plaintiff’s Motion (#55) for Summary Judgment,
grant Defendants' Motion (#72) for Summary Judgment, grant
Defendants' Motion (#91) to Dismiss, dismiss with prejudice
Plaintiff’s § 1983 claim set forth in his original Complaint
(#2), and dismiss without prejudice Plaintiff’s § 1983 claim set
1 - ORDER

forth in his Supplemental Complaint (#82).
before this Court pursuant to 28 U.S.C.

The matter is now

§ 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, this Court is relieved of its
obligation to review the record de novo.
561 F.3d 930, 932 (9th Cir. 2009).

See Dawson v. Marshall,

See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc).
Having reviewed the legal principles de novo, the Court does not
find any error.

CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings and
Recommendation (#131).

Accordingly, the Court DENIES Plaintiff’s

Motion (#55) for Summary Judgment, GRANTS Defendants' Motion
(#72) for Summary Judgment, GRANTS Defendants' Motion (#91) to
Dismiss, DISMISSES with prejudice Plaintiff’s § 1983 claim set
forth in his original Complaint (#2), and DISMISSES without
prejudice Plaintiff’s § 1983 claim set forth in his Supplemental

2 - ORDER

Complaint (#82).
IT IS SO ORDERED.
DATED this 8th day of April, 2015.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge

3 - ORDER