Ewbank v. Emerick et al

Filing 70

ORDER: Magistrate Judge Russos Findings and Recommendation 64 is adopted in full. Defendants Motion to Dismiss 62 is granted. Plaintiffs claims under Or. Rev. Stat. § 430.073, those related to travel reimbursement, and all claims und er Title II of the ADA against named defendants in their individual capacities are dismissed with prejudice. Plaintiff is granted one final opportunity to file a concise complaint in compliance with the local rules and the federal rules of civil proc edure. Plaintiff is granted 14 days to file a motion for leave to file an amended complaint complying with Fed. R. Civ. P. 8(a). Plaintiff may not file additional or supplemental briefings, or amended complaints, beyond those authorized by the federal or local rules absent prior approval from this Court. Signed on 5/25/2018 by Judge Michael J. McShane. (Copy mailed to plaintiff) (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

ROBERT DRAKE EWBANK,
Case No. 6:17-cv-00187-JR
Plaintiff,

ORDER

v.
JEFF EMRICK, et al.,
Defendants.
_____________________________
MCSHANE, Judge:
Magistrate Judge Jolie A. Russo filed a Findings and Recommendation, ECF No. 64, and
the matter is now before me. See 28 U.S.C. § 636(b)(1)(B); Fed.R.Civ.P. 72(b). Plaintiff filed
objections to the Findings and Recommendation. Accordingly, I have reviewed 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 find no error and adopt the Findings and
Recommendations.
Magistrate Judge Russo’s Findings and Recommendation, ECF No. 64, is ADOPTED in
full. Defendants’ Motion to Dismiss, ECF No. 62, is GRANTED. Plaintiff’s claims under Or.
1 –ORDER

Rev. Stat. § 430.073, those related to travel reimbursement, and all claims under Title II of the
ADA against named defendants in their individual capacities are dismissed with prejudice.
Plaintiff is granted one final opportunity to file a concise complaint in compliance with the local
rules and the federal rules of civil procedure. Plaintiff is granted 14 days to file a motion for
leave to file an amended complaint complying with Fed. R. Civ. P. 8(a). Plaintiff may not file
additional or supplemental briefings, or amended complaints, beyond those authorized by the
federal or local rules absent prior approval from this Court.
IT IS SO ORDERED.
DATED this 25th day of May, 2018.

/s/ Michael McShane
Michael McShane
United States District Judge

2 –ORDER