Mata v. Oregon Health Authority et al

Filing 37

ORDER: Granting Motion to Dismiss #29 ; Adopting Findings and Recommendation #32 . Plaintiff's due process claims are dismissed with prejudice. Plaintiff's claims against Goldberg are dismissed without prejudice, with leave to amend the complaint to allege a section 1983 claim against Goldberg. Signed on 8/6/2014 by Judge Michael J. McShane. (plb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

VICTORINA MATA,
Plaintiff,

Civ. No. 6:13-cv-485-TC

v.

ORDER
OREGON HEALTH AUTHORITY, an
agency of the State of Oregon, OREGON
DEPARTMENT OF HUMAN SERVICES
an agency of the State of Oregon, CATHLEEN
KAUFMANN, PATRICIA WENTZ,
BEVIN HANSELL, and BRUCE GOLDBERG,
Defendants.

MCSHANE, Judge:
Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation (ECF No.
32), and the matter is now before this court. See 28 U.S. C. § 636(b)(1)(B), Fed. R. Civ. P. 72.
Although neither party filed objections, I reviewed the legal principles de .novo. United States v.

Bernhardt, 840 F.2d 1.441, 1445 (9th Cir. 1998). I find no error and conclude it is correct.
1 - OPINION AND ORDER

THEREFORE, IT IS HEREBY ORDERED that, Magistrate Judge Coffin's Findings and
Recommendation (ECF No. 32) is adopted. Defendants' partial motion to dismiss (ECF No. 29)
is GRANTED. Plaintiff's due process claims are dismissed with prejudice. Plaintiff's claims
against defendant Goldberg are dismissed without prejudice, with leave to amend the complaint
to allege a section 1983 claim against Goldberg.

IT IS SO ORDERED.

DATED this 6th day of August, 2014.

Michael J. McShane
United States District Judge

2 - OPINION AND ORDER