Opinion
No. 3:18-cv-00612-YY
11-04-2018
HARVEY NORMAN SALOUM, Plaintiff, v. CHIEF OF POLICE TERRANCE JOHN WRIGHT; WILLIAM BYRON PORTER DISTRICT ATTORNEY; PAUL BINFORD DEPUTY DISTRICT ATTORNEY; & CITY OF TILLAMOOK, Defendant.
ORDER :
Magistrate Judge You issued a Findings and Recommendation [24] on July 23, 2018, in which she recommends that this Court grant Defendants' Motion to Dismiss [18] and deny Defendants' Rule 11 Motion for Sanctions [18]. Judge You also recommends dismissing sua sponte the claims against Defendants Porter and Binford. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).
Plaintiff filed timely objections to the Magistrate Judge's Findings & Recommendation. Pl. Obj., ECF 26. When any party objects to any portion of the Magistrate Judge's Findings & 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); 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).
The Court has carefully considered Plaintiff's objections and concludes there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge You's Findings and Recommendation [24]. Defendants' Motion to Dismiss is GRANTED [18], and Defendants' Rule 11 Motion for Sanctions is DENIED [18]. The Court also dismisses the claims against Defendants Porter and Binford. Accordingly, this case is dismissed in its entirety with prejudice.
IT IS SO ORDERED.
DATED this 4 day of November, 2018.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge