Morgan v. Interfor Pacific, Inc.

Full title: JOHN TIMOTHY MORGAN, Plaintiff, v. INTERFOR PACIFIC, Inc., Defendant

Court: United States District Court, D. Oregon

Date published: Mar 13, 2009

Civ. No. 08-3105-CL (D. Or. Mar. 13, 2009)

Opinion

Civ. No. 08-3105-CL.

March 13, 2009

ORDER

OWEN PANNER, District Judge

Magistrate Judge Mark D. Clarke filed a Report and Recommendation on December 17, 2008. The matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Although no objections have been timely filed, this court still must review the legal principles de novo. See Lorin Corp. v Goto Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983). I find no error. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.

CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#13) is adopted. Plaintiff lost his right to sue on the state law grounds on September 4, 2008, and as a result, his filing of a suit on the following day of September 5, 2008 is barred because he did not comply with procedure set forth in the statute and explained in his BOLI letter. Plaintiff has given no persuasive reason to justify an equitable tolling of this period. Defendant's motion for summary judgment is granted.

IT IS SO ORDERED.