Opinion
Civ. No. 09-6291-TC
12-06-2011
CANDICE GUTIERREZ, Plaintiff, v. LARRY K. HOUCHIN, Municipal Court Judge at the City of Lebanon; JOHN HITT, City Manager of the City of Lebanon; THE CITY OF LEBANON, an Oregon municipal corporation; JOHN DOES 1-3; and LARRY HOUCHIN, private individual, Defendants.
0RDER
AIKEN, Chief Judge:
Magistrate Judge Coffin filed his Findings and Recommendation on October 4, 2011. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b).
When a party objects to any portion of the Magistrate's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate's report. 28 U.S.C. § 636(b)(1)(B); McDonnell Douglas Corp. v. Commodore Business Machines, 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982).
Plaintiff has timely filed objections. I have, therefore, given the file of this case a de novo review, I ADOPT the Magistrate's Findings and Recommendation (doc. 57) that defendants John Hitt's and City of Lebanon's motion for summary judgment (doc. 25) is granted on the federal and state law claims against them, leaving this claim to proceed solely against defendant Houchin. Further, defendants John Does 1-3 are dismissed from this action and the Cleck of Court is directed to remove them from the case caption.
IT IS SO ORDERED.
Ann Aiken
United States District Judge