Larsen v. Miller et al

Filing 22

ORDER: I adopt the Findings and Recommendation 17 . Defendants' Motion to Dismiss 11 is granted. Plaintiff's Motions for Contempt of Court 4 and Motion for Declaratory Judgment 13 are denied. Defendant's Motion for Extension of Deadlines 16 is Denied as moot. Signed on 1/13/2017 by Judge Michael J. McShane. (Copy mailed to plaintiff) (cp)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON BRIAN LEE LARSEN, Plaintiff, v. Civ. No. 6:16-cv-01727-TC ORDER NICHOLAS MILLER, et al. Defendants. _____________________________ MCSHANE, Judge: Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation (ECF No. 17), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Plaintiff filed a “Notice to Strike Motion to Dismiss” (ECF No. 20) five days after Judge Coffin issued his F&R. While Plaintiff’s Notice does not reference the F&R, I will receive them as objections for purposes of judicial expediency. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I conclude the report is correct. I adopt the Findings and Recommendation (ECF No. 17). Defendants’ motion to dismiss, (ECF No. 11) is GRANTED. Plaintiff’s Motions for Contempt of Court (ECF No. 4) and Motion 1 – ORDER for Declaratory Judgment (ECF No. 13) are DENIED. Defendant’s Motion for Extension of Deadlines (ECF No. 16) is DENIED as moot. IT IS SO ORDERED. DATED this 13th day of January, 2017. _____/s/ Michael J. McShane_____ Michael J. McShane United States District Judge 2 – ORDER

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