Opinion
2:10-CV-01120-SU
02-17-2012
BILLY RAY PHIFFER, Plaintiff, v. STATE OF OREGON as being represented by the OFFICE OF DISTRICT ATTORNEY FOR BAKER COUNTY, a public entity, and STATE OF OREGON as being represented by BAKER COUNTY CIRCUIT COURT, a public entity, Defendants.
BILLY RAY PHIFFER Plaintiff, Pro Se JOHN R. KROGER Attorney General JUSTIN E. KIDD Assistant Attorney General Oregon Department of Justice Attorneys for Defendants
ORDER
BILLY RAY PHIFFER
Plaintiff, Pro Se
JOHN R. KROGER
Attorney General
JUSTIN E. KIDD
Assistant Attorney General
Oregon Department of Justice
Attorneys for Defendants
BROWN, Judge.
Magistrate Judge Patricia Sullivan issued Findings and Recommendation (#32) on November 21, 2011, in which she recommends this Court grant Defendants' Motion (#21) to Dismiss Amended Complaint. The matter is now before this Court pursuant
to 28 U.S.C. § 636(b)(1)(B) 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 United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc); United States v. Bernhardt, 840 F.2d 1441, 1444 (9th Cir. 1988).
In his Objections, Plaintiff reiterates the arguments contained in his Response to Defendant's Motion to Dismiss Amended Complaint. 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 Sullivan's Findings and Recommendation (#32). Accordingly, the Court GRANTS Defendants' Motion (#21) to Dismiss Amended Complaint.
IT IS SO ORDERED.
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ANNA J. BROWN
United States District Judge