Ewbank v. Emerick et al

Filing 84

ORDER: Adopting Judge Russo's Findings and Recommendation 78 in full. Plaintiff's Supplemental Motion to Amend 75 us denied. Plaintiff's Motion for leave to file a fifth amended complaint is denied as moot. Signed on 10/15/2018 by Judge Michael J. McShane. (cp)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON ROBERT DRAKE EWBANK, Case No. 6:17-cv-00187-MK Plaintiff, ORDER v. JEFF EMRICK, et al., Defendants. _____________________________ MCSHANE, Judge: Magistrate Judge Jolie A. Russo filed a Findings and Recommendation, ECF No. 78, 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. 1 –ORDER Magistrate Judge Russo’s Findings and Recommendation, ECF No. 78, is ADOPTED in full. Plaintiff’s Supplemental Motion to Amend, ECF No. 75 is DENIED. Plaintiff’s Motion for leave to file a Fifth Amended Complaint is DENIED as moot. IT IS SO ORDERED. DATED this 15th day of October, 2018. /s/ Michael McShane Michael McShane United States District Judge 2 –ORDER

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