Opinion
Civ. No. 2:19-cv-02017-SU
01-04-2021
ESTATE OF MARC DOUGLASS DUNCAN; ROBERT J. DUNCAN, Plaintiffs, v. WALLOWA COUNTY SHERIFF'S DEPARTMENT, et al., Defendants.
FINDINGS & RECOMMENDATION
On October 27, 2020, this Court recommended that the Complaint in this civil rights and wrongful death action be dismissed and that Plaintiffs be given leave to file an amended complaint as to some of their claims. ECF No. 52. On November 19, 2020, Judge Immergut adopted the recommendations in full. ECF No. 54. On November 23, 2020, this Court issued an order setting a deadline of December 23, 2020 for Plaintiffs to file their amended complaint. ECF No. 55. No amended complaint has been filed and the time for doing so has now passed. A final judgment of dismissal should therefore be entered and all claims not previously dismissed with prejudice should be DISMISSED without prejudice and without further leave to amend.
This Findings and Recommendation will be referred to a district judge. Objections, if any, are due fourteen (14) days from service of the Findings and Recommendation. If no objections are filed, then the Findings and Recommendation will go under advisement on that date.
A party's failure to timely file objections to any of these findings will be considered a waiver of that party's right to de novo consideration of the factual issues addressed herein and will constitute a waiver of the party's right to review of the findings of fact in any order or judgment entered by a district judge. These Findings and Recommendation are not immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed until entry of judgment.
It is so ORDERED and DATED this 4th day of January 2021.
/s/ Patricia Sullivan
Patricia Sullivan
United States Magistrate Judge