Singh v. Washburn

Full title: ROTISH V. SINGH, Plaintiff, v. SUE WASHBURN et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Mar 15, 2016

2:14-CV-01477-SB (D. Or. Mar. 15, 2016)

Opinion

2:14-CV-01477-SB

03-15-2016

ROTISH V. SINGH, Plaintiff, v. SUE WASHBURN et al., Defendants.

BROWN, Judge.

ORDER

BROWN, Judge.

Magistrate Judge Stacie F. Beckerman issued Findings and Recommendation (#50) on February 5, 2016, in which she recommends the Court grant in part and deny in part Defendants' Partial Motion (#26) to Dismiss Plaintiff's Complaint and deny Plaintiff's Motion (#40) for Leave to File Supplemental Complaint without prejudice to Plaintiff to pursue his new claims in a separate action. Plaintiff filed Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1). See also Dawson v. Marshall, 561 F.3d 930, 932 (9^th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9^th Cir. 2003)(en banc).

This Court has carefully considered Plaintiff's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Beckerman's Findings and Recommendation (#50) and, therefore, DENIES Plaintiff's Motion (#40) for Leave to File Supplemental Complaint without prejudice to Plaintiff to pursue his new claims in a separate action.

The Court also GRANTS in part and DENIES in part Defendants' Partial Motion (#26) to Dismiss Plaintiff's Complaint as follows:

1. GRANTS Defendants' Partial Motion to Dismiss as to Plaintiff's First Claim and DISMISSES that claim with prejudice;

2. GRANTS Defendants' Partial Motion to Dismiss as to Plaintiff's claim against Defendant S. Johnson and DISMISSES that claim with prejudice; and

3. DENIES Defendants' Partial Motion to Dismiss as to Plaintiff's claim against Defendant M. Gower.

IT IS SO ORDERED.

DATED this 15^th day of March, 2016.

/s/ Anna J. Brown

ANNA J. BROWN

United States District Judge