Kwake et al v. Pakseresht et al

Filing 178

ORDER: Magistrate Judge Kasubhai's Findings and Recommendation 155 is adopted in full. Defendants' Motion to Dismiss 144 ) is granted in part and denied in part. Plaintiff's (Daniel Campbell's) first claim against Defen dants (Oregon Department of Human Services, Fariborz Pakseresht, and Ashley Carson-Cottingham) is dismissed with prejudice. Plaintiff's second claim may proceed. Plaintiff's third and fourth claims are dismissed, but Plaintiffs may file an amended complaint curing the defects outlined in Judge Kasubhai's Findings and Recommendation within 30 days of this Order. See Findings and Recommendations 1517, 155 . If Plaintiff fails to timely file an amended complaint, Plaintiff's third and fourth claims are subject to dismissal with prejudice.Signed on 2/7/2020 by Judge Michael J. McShane. (cp)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
DANIEL CAMPBELL1, an individual,
Plaintiff,

Case No. 6:18-cv-00603-MK

v.

ORDER

OREGON DEPARTMENT OF HUMAN
SERVICES, an Oregon public agency;
FARIBORZ PAKSERESHT, in his official
Capacity as Director of Human Services,
State of Oregon; and ASHLEY
CARSON-COTTINGHAM, in her official
capacity as Director of Office of Aging and
People with Disabilities, a division within the
state Department of Human Services, State
of Oregon,
Defendants.
_____________________________
MCSHANE, Judge:
Magistrate Judge Mustafa T. Kasubhai filed a Findings and Recommendation (ECF No.
155), and the matter is now before this Court on Plaintiff’s and Defendants’ objections. See 28

This action previously included Gary Romine as a plaintiff. Pursuant to Mr. Romine’s Stipulated Notice of
Dismissal, Mr. Romine was terminated from this action on January 21, 2020. See ECF No. 174.
1

1 – ORDER

U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). I review de novo. United States v. Bernhardt, 840
F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude the report is correct.
Magistrate Judge Kasubhai’s Findings and Recommendation (ECF No. 155) is adopted in
full. Defendants’ Motion to Dismiss (ECF No. 144) is GRANTED in part and DENIED in part.
Plaintiff’s (Daniel Campbell’s) first claim against Defendants (Oregon Department of Human
Services, Fariborz Pakseresht, and Ashley Carson-Cottingham) is dismissed with prejudice.
Plaintiff’s second claim may proceed. Plaintiff’s third and fourth claims are dismissed, but
Plaintiffs may file an amended complaint curing the defects outlined in Judge Kasubhai’s
Findings and Recommendation within 30 days of this Order. See Findings and
Recommendations 15–17, ECF No. 155. If Plaintiff fails to timely file an amended complaint,
Plaintiff’s third and fourth claims are subject to dismissal with prejudice.

IT IS SO ORDERED.
DATED this 7th day of February, 2020.

__s/Michael J. McShane__________________
Michael McShane
United States District Judge

2 – ORDER