Larsen v. Miller

Full title: BRIAN LEE LARSEN, Plaintiff, v. NICHOLAS MILLER, et al. Defendants.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

Date published: Jan 13, 2017

Civ. No. 6:16-cv-01727-TC (D. Or. Jan. 13, 2017)

Opinion

Civ. No. 6:16-cv-01727-TC

01-13-2017

BRIAN LEE LARSEN, Plaintiff, v. NICHOLAS MILLER, et al. Defendants.

MCSHANE, Judge

ORDER :

Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation (ECF No. 17), 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 a "Notice to Strike Motion to Dismiss" (ECF No. 20) five days after Judge Coffin issued his F&R. While Plaintiff's Notice does not reference the F&R, I will receive them as objections for purposes of judicial expediency. 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 conclude the report is correct.

I adopt the Findings and Recommendation (ECF No. 17). Defendants' motion to dismiss, (ECF No. 11) is GRANTED. Plaintiff's Motions for Contempt of Court (ECF No. 4) and Motion for Declaratory Judgment (ECF No. 13) are DENIED. Defendant's Motion for Extension of Deadlines (ECF No. 16) is DENIED as moot. IT IS SO ORDERED.

DATED this 13th day of January, 2017.

/s/ Michael J. McShane

Michael J. McShane

United States District Judge