Grimes v. Wong et al

Filing 20

ORDER: Judge Coffin's Findings and Recommendation 15 is adopted in full. Plaintiff's third amended complaint 14 and fourth amended complaint 19 are dismissed without leave to amend for failure to state a claim. This action is dismissed without prejudice. Signed on 7/8/2015 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
JEROME L. GRIMES,
Plaintiff,
v.

Civ. No. 6:15-cv-00477-TC
OPINION AND ORDER

MARY WONG; UMPQUA BANK,
Defendants.

MCSHANE, Judge:
Plaintiff, prose, brings this action against Mary Wong and Umpqua Bank seeking
damages for alleged fraud, conversion, and wrongful death. 1 Magistrate Judge Thomas M. Coffin
issued a Findings and Recommendation (F&R) on June 12, 2015, in which he recommended that
this Court dismiss plaintiffs third complaint without leave to amend. The matter is now before
this Court. See 28 U.S.C. § 636(b)(l)(B); Fed. R. Civ. P. 72(b).
This Court reviews all portions of the F&R subject to objection de novo. 28 U.S.C. §
636(b)(l); McDonnell Douglas Corp. v. Commodore Bus. Machs. Inc., 656 F.2d 1309, 1313 (9th
Cir. 1981). Plaintiff timely filed an objection. 2 Upon review, this Court finds no error in Judge
Coffin's F&R, ECF No. 15.

1

This Court construes plaintiffs allegations liberally and affords plaintiff the benefit of any doubt. Karim-Panahi v.
L.A. Police Dep't, 839 F.2d 621, 623 (9th Cir. 1988) (citations omitted).
2
Plaintiff, in a document titled "Objection to Magistrates Findings, Conclusion Recommendations," withdrew his
claims against Mary Wong and all claims asserted under 42 U.S.C. § 1983. See Pl.'s Objections 1-2, ECF No. 18.
Plaintiff also filed a fourth amended complaint, in which he increased sought "damages" from $11,000 to $26,000,
and "punitive damages" from $26,000 to $52,000. Compare Pl.'s Third Am. Compl. 3-4, ECF No. 14, with Pl.'s
Fourth Am. Compl. 3, ECF No. 19. Even had plaintiff been granted leave to file his fourth amended complaint, that
complaint does not cure the deficiencies identified in Judge Coffin's initial dismissal order, ECF No.7.

1 - OPINION AND ORDER

CONCLUSION
This Court ADOPTS Judge Coffin's F&R, ECF No. 15, in full. Plaintiff's third amended
complaint, ECF No. 14, and fourth amended complaint, ECF No. 19, are dismissed without leave
to amend for failure to state a claim. This action is dismissed without prejudice.

IT IS SO ORDERED.

DATED this_$_ day of July, 2015.

Michael J. McShane
United States District Judge

2- OPINION AND ORDER