Mahler v. Father Terry et al

Filing 29

ORDER: Magistrate Judge Jolie Russo's Findings and Recommendation 26 is adopted. The Defendants' Motion to Dismiss for Failure to State a Claim 10 is granted and the claims against defendants City of Mount Angel, Mount Angel Police Department, and Officer Martinez are dismissed. ; Granting. Signed on 7/27/2016 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
ROBERT EV ANS MAHLER,
Plaintiff,
v.

Civ. No. 6:16-cv-165-JR
ORDER

FATHER TERRY, FATHER MARTIN,
individually and dba Mount Angel Abbey &
Seminary; THE ROMAN CATHOLIC
CHURCH; DIOCESE OF PORTLAND,
OREGON; MOUNT ANGEL ABBEY &
SEMINARY; CITY OF MT. ANGEL,
OREGON; MT. ANGEL (OREGON)
POLICE DEPARTMENT; OFFICER
MARTINEZ, Individually and as Deputy
of the City of Mt. Angel (Oregon) Police
Department; Does 1-10,,
Defendants.

MCSHANE, Judge:
Magistrate Judge Jolie Russo filed a Findings and Recommendation, ECF No. 26, and the
matter is now before this court. See 28 U.S.C. § 636(b)(l)(B), Fed. R. Civ. P. 72. Although
plaintiff did not file objections, I reviewed the legal principles de novo. United States v.
Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). Upon review, I find no error and conclude the
report is correct. Magistrate Judge Russo's Findings and Recommendation is ADOPTED.

I-ORDER

The Defendants' motion to dismiss, ECF No. 10, is GRANTED and the claims against
Defendants City of Mount Angel, Mount Angel Police Department, and Officer Martinez are
DISMISSED.
IT IS SO ORDERED.
DATED this 27th day of July, 2016.

./

t _ _ _ \....__ __
Michael J. McShane
United States District Judge

2-0RDER