Ewbank v. Richardson et al

Filing 47

ORDER: Magistrate Judge Coffin's Findings and Recommendation 44 filed November 12, 2014 is ADOPTED. Defendants' Motion to Dismiss and for Summary Judgment 17 is GRANTED. Plaintiff's Motion for Leave to File Amended Complai nt 22 is GRANTED with respect to a claim of retaliation. Plaintiff shall file an amended complaint with 30 days from the date of this Order. Failure to do so will result is dismissal of this case. Amended Complaint is due 1/15/2015. Copy of order sent the Pro Se Plaintiff. Signed on 12/16/2014 by Chief Judge Ann L. Aiken. (rh) Modified typo on 12/17/2014 (jk).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

R. DRAKE EWBANK,

Case No.

6:14-cv-00612-TC
ORDER

Plaintiff,
v.
LIANE INKSTER RICHARDSON,
et al.,
Defendants.

Aiken, Chief Judge:
Magistrate Judge Coffin issued his Findings and Recommendation
in the above-captioned case on November 12, 2014, recommending that
defendants' motion to dismiss and for summary judgment be granted
but that plaintiff be allowed to amend his complaint with respect
to a claim of retaliation. 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

1

district

- ORDER

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).
Plaintiff filed objections to the Findings and Recommendation.
Upon de novo review, I find no error with Magistrate Judge Coffin's
analysis.
Accordingly,

IT

IS

HEREBY

ORDERED

that

Magistrate

Judge

Coffin's Findings and Recommendation (doc. 44) filed November 12,
2014

is ADOPTED.

Defendants'

Motion to Dismiss and for

Summary

Judgment (doc. 17) is GRANTED. Plaintiff's Motion for Leave to File
Amended Complaint (doc. 22) is GRANTED with respect to a claim of
retaliation. Plaintiff shall file an amended complaint with 30 days
from the

date

of this

Order.

Failure to do

dismissal of this case.
IT IS SO ORDERED.
Dated this

lh~
day of December, 2014.

United States District Judge

2

- ORDER

so will

result

is