Boedigheimer v. Opel et al

Filing 43

OPINION AND ORDER: This Court ADOPTS Judge Clarke's Report and Recommendation, 41 , in full. Defendants' motion for summary judgment, 21 , is GRANTED. Signed on 6/17/15 by Judge Michael J. McShane. (Mailed copy to plaintiff) (dsg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON .
RICHARD LEWIS BOEDIGHEIMER,

Plaintiff,

Civ. No. 6:14-cv-01250-CL
OPINION AND ORDER

V.

SGT. DAVE OPEL, et al.,

Defendants.

MCSHANE, Judge:

Plaintiff, who is incarcerated and proceeding prose, brings this action seeking damages
for alleged violation ofthe Fourth and Eighth Amendments under 42 U.S.C. § 1983. 1 Defendants
filed a motion for summary judgment. Magistrate Judge Mark D. Clarke issued a Report and
Recommendation on May 22, 2015, in which he recommended that this Court grant defendants'
motion for summary judgment on all claims. The matter is now before this Court. See 28 U.S.C.
§ 636(b)(l)(B); Fed. R. Civ. P. 72(b).

Because no objections to the Report and Recommendation were timely filed, this Court
reviews only the legal principles de novo. See United States v. Reyna-Tapia, 328 F.3d 1114,
1121 (9th Cir. 2003) (en bane); see also United States v. Bernhardt, 840 F.2d 1441, 1445 (9th
Cir. 1988). Upon review, this Court finds no error in Judge Clarke's Report and
Recommendation, ECF No. 41.

1

Plaintiffs claims arise out of an arrest that occurred on August 2, 2012. Following arrest, plaintiff was convicted
by jury of Assaulting a Public Safety Officer, ORS § 163.208, Resisting Arrest, ORS § 162.315, and Disorderly
Conduct in the Second Degree, ORS § 166.025. See Dec!. of Gerald Warren 32-35, ECF No. 24-1.

1 -OPINION AND ORDER

CONCLUSION
This Court ADOPTS Judge Clarke's Report and Recommendation, ECF No. 41, in full.
Defendants' motion for summary judgment, ECF No. 21, is GRANTED.

IT IS SO ORDERED.

DATED this {::::r day of June, 2015.

\L-__.__ l

-

Michael J. McShane
United States District Judge

2- OPINION AND ORDER