Biggs v. City of St. Paul et al

Filing 67

ORDER: The Court adopts the F&R 56 in it's entirely. Accordingly, defendants' Motion to Dismiss 41 is GRANTED. Plaintiff is granted leave to file an amended complaint within thirty days of this order. Signed on 9/18/2019 by Judge Ann L. Aiken. (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION

Case No. 6:18-cv-0506-MK

LORRIE BIGGS,

ORDER

Plaintiff,

v.
CITY OF ST. PAUL, an Oregon
Municipal Corporation; KIMBALL
WALLIS, and Individual; and LAURA
SCHROEDER, an Individual,

Defendants.
AIKEN, District Judge:
:Magistrate

Judge

:Mustafa

Kasubhai

has

filed

his

Findings

and

Recommendation ("F&R'') (doc. 56) recommending that defendants' Motion to
Dismiss be granted. (doc. 41) This case is now before me.1

See 28 U.S.C. §

636(b)(l)(B) and Fed. R. Civ. P. 72(b).

This case is consolidated with Biggs v. City of St. Paul, et al. 6:18-cv-506MK. While Judge Kasubhai addressed defendants :Motions to Dismiss in both cases
1

Page 1 - ORDER

When either party objects to any portion of a magistrate judge's F&R, the
district court must make a de novo determination of that portion of the magistrate
judge's report. See 28 U.S.C. § 636(b)(l); McDonnell Douglas Corp. v. Commodore

Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert denied, 455 U.S.
920 (1982). Plaintiff has filed timely objections (doc. 59) to the F&R and defendant's
have filed a timely response to those objections. (doc. 63) Thus, this Court reviews
the F&R de novo.
Having reviewed the objections as well as the entire file of this case, the
Court finds no error in Judge Kasubhai's F&R. Thus, the Court adopts the F&R
(doc. 56) in it's entirely. Accordingly, defendants' Motion to Dismiss (doc. 41) is
GRANTED. Plaintiff is granted leave to file an amended complaint within thirty
days of this order.
It is so ORDERED this 18th day of September, 2019.

Ann Aiken
United States District Judge

in a single order, this Court issues separate orders in each case regarding the F&R
for clarity.
Page 2 - ORDER