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Short v. Czerniak

United States District Court, D. Oregon
Nov 7, 2005
No. 04-CV-845-AS (D. Or. Nov. 7, 2005)

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.


Summaries of

Short v. Czerniak

United States District Court, D. Oregon
Nov 7, 2005
No. 04-CV-845-AS (D. Or. Nov. 7, 2005)
Case details for

Short v. Czerniak

Case Details

Full title:JOSHUA E. SHORT, Plaintiff, v. STAN CZERNIAK, REBECCA PRINSLOW, G. HALL…

Court:United States District Court, D. Oregon

Date published: Nov 7, 2005

Citations

No. 04-CV-845-AS (D. Or. Nov. 7, 2005)