Allee v. Oregon Department of Corrections

Full title: DONALD ERNEST ALLEE Plaintiff, v. OREGON DEPARTMENT OF CORRECTIONS, et…

Court: United States District Court, D. Oregon

Date published: Aug 20, 2007

06-CV-187-JE (D. Or. Aug. 20, 2007)

Opinion

06-CV-187-JE.

August 20, 2007

DONALD ERNEST ALLEE, SID #11357146, Snake River Correctional Institution, Ontario, OR, Plaintiff, Pro Se.

HARDY MYERS, Attorney General, JACQUELINE SADKER, Assistant Attorney General, Department of Justice, Salem, OR, Attorneys for Defendants.

ORDER

ANNA BROWN, District JudgePage 2

Magistrate Judge John Jelderks issued Findings and Recommendation (# 77) on May 31, 2007, in which he recommended the Court grant Defendants' Motion for Summary Judgment (#67). 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 Fed.R.Civ.P. 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. Bernhardt, 840 F.2d 1441, 1444 (9^th Cir. 1988); McDonnell Douglas Corp. v. Commodore Business Mach., Inc., 656 F.2d 1309, 1313 (9^th Cir. 1981), cert. denied, 455 U.S. 920 (1982).

This Court has carefully considered Plaintiff's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. This 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 (#77) and, accordingly, GRANTS Defendants' Motion for Summary Judgment (#67).

IT IS SO ORDERED.