Opinion
No. 04-CV-845-AS.
November 7, 2005
JOSHUA E. SHORT, S.I.D. No. 10233830, Umatilla, OR, Plaintiff, Pro se.
HARDY MYERS, Attorney General, KATHRYN A. COTTRELL, Assistant Attorney General, Department of Justice, Salem, OR, Attorneys for Defendants
ORDER
Magistrate Judge Donald C. Ashmanskas issued Findings and Recommendation (#32) on September 19, 2005, in which he recommended this Court grant in part and deny in part Defendants' Motion for Summary Judgment (#23). The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Fed.R.Civ.P. 72(b).
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). See also Lorin Corp. v. Goto Co., 700 F.2d 1202, 1206 (8th Cir. 1983). The Court has reviewed the legal principles de novo and does not find any error. The Court adopts that part of the Findings and Recommendation in which the Magistrate Judge concludes Defendants are entitled to summary judgment on the grounds that Plaintiff's claim for injunctive relief is barred by the Eleventh Amendment, Plaintiff fails to state a present case or controversy, and Defendants are entitled to qualified immunity with respect to Plaintiff's claims for damages. The Court concludes these rulings dispose of all of Plaintiff's claims, and, therefore, the Court finds it is unnecessary to reach Defendants' argument regarding respondeat superior liability.
CONCLUSION
The Court ADOPTS Magistrate Judge Ashmanskas's Findings and Recommendation (#32) as modified. Accordingly, the Court GRANTS Defendants' Motion for Summary Judgment (#23).
IT IS SO ORDERED.