Opinion
Civil Case No. 07-1325-AC.
March 31, 2008
Clarence Johnson, 69437-065, Sheridan, Oregon, Pro Se Plaintiff.
William W. Manlove, III, City of Portland, Portland, Oregon, Attorney for Defendants.
ORDER
The Honorable John Acosta, United States Magistrate Judge, filed Findings and Recommendation on March 5, 2008. The matter is before this court. See 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review.Lorin Corp. v. Goto Co., Ltd., 700 F.2nd 1202, 1206 (8th Cir. 1983); See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error.
I have reviewed the motion under the standards set forth inBell Atlantic Corp. v. Twombly, ___ U.S. ___, 127 S. Ct. 1955 (2007).
I ADOPT Magistrate Judge Acosta's Findings and Recommendation (#16) based on those standards.
IT IS HEREBY ORDERED that Defendant City of Portland's Motion to Dismiss (#11) is granted. By May 1, 2008, plaintiff may file an Amended Complaint curing the deficiencies. If plaintiff fails to do so, his claims against the City of Portland will be dismissed with prejudice. Plaintiff's claims against the individual defendants are dismissed without prejudice.