Jeremiah v. Nooth

Full title: BRIAN A. JEREMIAH, Plaintiff, v. MARK NOOTH, et al., Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jun 18, 2020

Civ. No. 2:17-cv-1612-MK (D. Or. Jun. 18, 2020)

Opinion

Civ. No. 2:17-cv-1612-MK

06-18-2020

BRIAN A. JEREMIAH, Plaintiff, v. MARK NOOTH, et al., Defendants.

MCSHANE, Judge

ORDER :

Magistrate Judge Mustafa Kasubhai filed a Findings and Recommendation (ECF No. 131), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Plaintiff filed objections to the Findings and Recommendation. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9^th Cir. 1981). I find no error and conclude the report is correct.

Magistrate Judge Kasubhai's Findings and Recommendation (ECF No. 131) is adopted. Defendants' motion for summary judgment is GRANTED in part as stated in the report. Defendants' motion is DENIED with respect to Claim II alleging First Amendment retaliation against Officer McNitt based on the misconduct report of December 28, 2015.

The deadline to consent to Magistrate Judge Kasubhai trying this matter is August 14, 2020. With full consent, the case will be remain with Judge Kasubhai for trial. If any party does not consent, the case will be reassigned to Judge McShane for trial. IT IS SO ORDERED.

DATED this 18th day of June, 2020.

/s/ Michael J. McShane

Michael McShane

United States District Judge