Opinion
No. 2:14-cv-01982-SU
09-14-2018
UNITED STATES OF AMERICA, ex rel. ARLEN SMITH, JERRY HARRYMAN, and ROTISH SINGH, Plaintiff-Relators, v. ARLEN SMITH, JERRY HARRYMAN, and ROTISH SINGH, on behalf of themselves and on behalf of all other similarly situated, Defendants. v. COLETTE S. PETERS, Director, Oregon Department of Corrections; BRIAN BELLEQUE, Interim Deputy Director, Oregon Department of Corrections; MITCH MORROW, formerly Deputy Director, Oregon Department of Corrections; MIKE GOWERS, Assistant Director, Oregon Department of Corrections; STEVEN FRANKE, Administrator, Oregon Department of Corrections; KIM BROCKAMP, Administrator, Oregon Department of Corrections; KETTY RATHS, Administrator, Oregon Department of Corrections; ANITA NELSON, Administrator and Manager of Commissary Operations, Oregon Department of Corrections; and JOHN DOES numbers one through ten, Defendants (under False Claims Act and RICO claims) and STATE OF OREGON and OREGON DEPARTMENT OF CORRECTIONS Defendants (under RICO and State-law claims) Defendants.
ORDER :
Magistrate Judge Patricia Sullivan issued a Findings & Recommendation [75] on May 3, 2018, recommending that Defendants' Motion to Dismiss Second Amended Complaint [59] be granted in part and denied in part. Plaintiffs have timely filed objections [84] to the Findings & Recommendation. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).
When a party objects to any portion of the Magistrate Judge's Findings & Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
The Court carefully considered Plaintiffs' objections and concludes there is no basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no errors in the Magistrate Judge's Findings & Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Sullivan's Findings & Recommendation [75], and therefore, Defendants' Motion to Dismiss Second Amended Complaint [59] is granted in part and denied in part consistent with Magistrate Judge Sullivan's recommendations.
IT IS SO ORDERED.
DATED this 14 day of September, 2018.
/s/_________
MARCO A. HERNÁNDEZ
United States District Judge