Webber v. First Student Inc.

Full title: KENNETH WEBBER, Plaintiff, v. FIRST STUDENT INC., et al., Defendants

Court: United States District Court, D. Oregon

Date published: Aug 9, 2011

Case No. 1:11-cv-03032-CL (D. Or. Aug. 9, 2011)

Opinion

Case No. 1:11-cv-03032-CL.

August 9, 2011

ORDER

OWEN PANNER, District Judge

Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed.R.Civ.P. 72(b). Although no objections have been filed, this court reviews the legal principles de novo. See Lorin Corp. v Goto Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1983).

I have given the legal issues de novo review. I agree with Magistrate Judge Clarke that plaintiff cannot state a claim for violation of his equal protection rights under the United States or Oregon constitutions, and that plaintiff's claim for violation of Article I, section 8 of the Oregon Constitution should be dismissed without prejudice. Accordingly, I ADOPT the Report and Recommendation of Magistrate Judge Clarke.

CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#18) is adopted. Defendants' motions to dismiss (#8 #10) are granted. Plaintiff has leave to amend the complaint in accordance with the Report and Recommendation.

IT IS SO ORDERED.

DATED this 4 day of August, 2011.