Summary
dismissing claims against trial court administrator with prejudice because, "under absolute quasi-judicial immunity, court personnel whose challenged activities are an integral part of the judicial process are immune from liability"
Summary of this case from Corbin v. BaggettOpinion
Case No. 3:12-cv-02213-HU (Lead Case) Case No. 3:12-cv-02221-HU (Trailing Case) Case No. 2:12-cv-02222-HU (Trailing Case)
02-04-2014
DARRIAN BLACK, ROGER J. MIRACLE, ANN M. MIRACLE, VIRGINIA LOUISE BLEEG, HAROLD S. MacLAUGHLAN, and REBECA MacLAUGHLAN, Plaintiffs, v. RICK HASELTON, REX ARMSTRONG, ELLEN ROSENBLUM, PAUL DE MUNIZ, W. MICHAEL GILLETTE, ROBERT DURHAM, THOMAS BALMER, RIVES KISTLER, VIRGINIA LINDER, JACK LANDAU, and DEBBIE SLAGLE, all in their official capacities, Defendants.
Robert C. Robertson Attorney for Plaintiffs Darsee Staley OREGON DEPARTMENT OF JUSTICE TRIAL DIVISION, CC&E SECTION G. Frank Hammond OREGON DEPARTMENT OF JUSTICE TRIAL DIVISION Attorneys for Defendants
ORDER
Robert C. Robertson
Attorney for Plaintiffs Darsee Staley
OREGON DEPARTMENT OF JUSTICE
TRIAL DIVISION, CC&E SECTION
G. Frank Hammond
OREGON DEPARTMENT OF JUSTICE
TRIAL DIVISION
Attorneys for Defendants HERNANDEZ, District Judge:
Magistrate Judge Dennis James Hubel issued a Findings and Recommendation [40] on November 21, 2013, recommending that Defendants' motion to dismiss [22] be granted and that this action be dismissed with prejudice. Plaintiffs filed timely objections to the Magistrate Judge's Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure.
When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, as here, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
I have carefully considered Plaintiffs' objections and conclude that these objections do not provide a basis to modify the Findings and Recommendation. I have also reviewed the pertinent portions of the record de novo and find no error in the Magistrate Judge's Findings and Recommendation.
CONCLUSION
The Court ADOPTS the Magistrate Judge's Findings and Recommendation [22]. Accordingly, Defendants' motion to dismiss [22] is GRANTED and this action is dismissed with prejudice.
IT IS SO ORDERED.
__________________________
MARCO A. HERNANDEZ
United States District Judge