Opinion
No. CV 04-1811-AS.
July 28, 2005
RICK CRUZ-MANJARREZ, SID No. 7773603, Columbia River Correctional Institution Portland, OR, Plaintiff, Pro Se
LINDA MENG, City Attorney, J. SCOTT MOEDE, Deputy City Attorney, Portland, OR, Attorneys for Defendants.
ORDER
Magistrate Judge Donald C. Ashmanskas issued Findings and Recommendation (#21) on May 13, 2005, in which he recommended this Court grant Defendants' Motions to Dismiss (#11, #14) Plaintiff's claims against Defendant K-9 Deny and Plaintiff's claims of excessive force against Defendants pursuant to the Eighth Amendment. The Magistrate Judge also recommended this Court grant Defendants' Motions to Dismiss Plaintiff's Fourteenth Amendment equal protection claim and Plaintiff's claims against the Portland Police Bureau with leave to amend the Complaint to cure the deficiencies as to these two claims. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b).
Although Plaintiff filed a "Response to Findings and Recommendation," Plaintiff indicates in that document that he does not object to the Findings and Recommendation. This Court, therefore, is relieved of its obligation to review the record de novo. Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). See also Lorin Corp. v. Goto Co., 700 F.2d 1202, 1206 (8th Cir. 1983). Having reviewed the legal principles de novo, the Court finds no error.
CONCLUSION
The Court ADOPTS Magistrate Judge Ashmanskas's Findings and Recommendation (#21). Accordingly, the Court GRANTS Defendants' Motions to Dismiss (#11, #14) as to Plaintiff's claims against Defendant K-9 Deny and Plaintiff's claims of excessive force against Defendants pursuant to the Eighth Amendment. The Court also GRANTS Defendants' Motions to Dismiss as to Plaintiff's Fourteenth Amendment equal protection claim and Plaintiff's claims against the Portland Police Bureau with leave to amend the Complaint by August 29, 2005, to cure the deficiencies as to these two claims.
IT IS SO ORDERED.