Numrich v. Oregon

Full title: EDGAR T. NUMRICH, Plaintiff, v. STATE OF OREGON, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Aug 31, 2015

3:15-CV-00183-JE (D. Or. Aug. 31, 2015)

Opinion

3:15-CV-00183-JE

08-31-2015

EDGAR T. NUMRICH, Plaintiff, v. STATE OF OREGON, Defendant.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge John Jelderks issued Findings and Recommendation (#17) on June 17, 2015, in which he recommends the Court grant Defendant's Motion (#8-1) to Dismiss, deny as moot Defendant's Motion (#8-2) for More Definite Statement, and dismiss this matter with prejudice. Plaintiff filed timely Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, 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). See also Dawson v. Marshall, 561 F.3d 930, 932 (9^th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003)(en banc).

In his Objections Plaintiff reiterates the arguments contained in his Response to Defendant's Motion to Dismiss. This Court has carefully considered Plaintiff's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Jelderks's Findings and Recommendation (#17), GRANTS Defendant's Motion (#8-1) to Dismiss, DENIES as moot Defendant's Motion (#8-2) for More Definite Statement, and DISMISSES this matter with prejudice.

IT IS SO ORDERED.

DATED this 31^st day of August, 2015.

/s/ Anna J. Brown

ANNA J. BROWN

United States District Judge