Grimes v. Wong

Full title: JEROME L. GRIMES, Plaintiff, v. MARY WONG; UMPQUA BANK, Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jul 8, 2015

Civ. No. 6:15-cv-00477-TC (D. Or. Jul. 8, 2015)

Opinion

Civ. No. 6:15-cv-00477-TC

07-08-2015

JEROME L. GRIMES, Plaintiff, v. MARY WONG; UMPQUA BANK, Defendants.

MCSHANE, Judge

OPINION AND ORDER

MCSHANE, Judge:

Plaintiff, pro se, brings this action against Mary Wong and Umpqua Bank seeking damages for alleged fraud, conversion, and wrongful death.¹ Magistrate Judge Thomas M. Coffin issued a Findings and Recommendation (F&R) on June 12, 2015, in which he recommended that this Court dismiss plaintiff's third complaint without leave to amend. The matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).

1 This Court construes plaintiff's allegations liberally and affords plaintiff the benefit of any doubt. Karim-Panahi v. L.A. Police Dep't, 839 F.2d 621, 623 (9th Cir. 1988) (citations omitted).

This Court reviews all portions of the F&R subject to objection de novo. 28 U.S.C. § 636(b)(1); McDonnell Douglas Corp. v. Commodore Bus. Machs. Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). Plaintiff timely filed an objection.² Upon review, this Court finds no error in Judge Coffin's F&R, ECF No. 15.

2 Plaintiff, in a document titled "Objection to Magistrates Findings, Conclusion Recommendations," withdrew his claims against Mary Wong and all claims asserted under 42 U.S.C. § 1983. See Pl.'s Objections 1-2, ECF No. 18. Plaintiff also filed a fourth amended complaint, in which he increased sought "damages" from $11,000 to $26,000, and "punitive damages" from $26,000 to $52,000. Compare Pl.'s Third Am. Compl. 3-4, ECF No. 14, with Pl.'s Fourth Am. Compl. 3, ECF No. 19. Even had plaintiff been granted leave to file his fourth amended complaint, that complaint does not cure the deficiencies identified in Judge Coffin's initial dismissal order, ECF No. 7. --------

CONCLUSION

This Court ADOPTS Judge Coffin's F&R, ECF No. 15, in full. Plaintiff's third amended complaint, ECF No. 14, and fourth amended complaint, ECF No. 19, are dismissed without leave to amend for failure to state a claim. This action is dismissed without prejudice. IT IS SO ORDERED.

DATED this 8 day of July, 2015.

/s/ _________

Michael J. McShane

United States District Judge