Opinion
No. 1:11-cv-3082
07-27-2012
MICHAEL A. BORONDA, Plaintiff, v. SARA MOYE and JOSEPHINE COUNTY, Defendants.
ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). When either party objects to any portion of a Magistrate Judge's Report and Recommendation, the district court makes a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1)(C); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F. 2d 1309, 1313 (9th Cir. 1981).
Here, plaintiff objects to the Report and Recommendation, so I have reviewed this matter de novo. I agree with Magistrate Judge Clarke that it would be futile to allow plaintiff to amend the complaint to add a statutory claim under Or. Rev. Stat. § 652.610. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#41) is adopted. Plaintiff's motion for leave to file an amended complaint (#36) is denied as to the statutory claim and granted as to economic damages. The amended complaint is due within 10 days of the date of this order.
IT IS SO ORDERED.
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OWEN M. PANNER
U.S. DISTRICT JUDGE