Holloway v. Clackamas River Water

District Court, D. Oregon

Holloway v. Clackamas River Water

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PATRICIA HOLLOWAY, No. 3:13-cv-01787-AC

Plaintiff, ORDER

v.

CLACKAMAS RIVER WATER; DEAN MARK PHILLIPS; KATHERINE KEHOE; BARBARA KEMPER; CINDI LEWIS- WOLFRAM; MICHAEL CARDWELL; VANCE VOYLES; LARRY SOWA; KENNETH HUMBERTSON; HUGH KALANI; SPECIAL DISTRICTS ASSOCIATION OF OREGON; FRANK STRATTON; JENS JENSEN; DOUG ANDERSON; TAMSEN LEACHMAN; CLACKAMAS RIVER WATER BOARD OF COMMISSIONERS; DAVID McNEEL; NAOMI ANGIER; WILLIAM BLANAS; SHERRY FRENCH; LEE E. MOORE, SR.; SPECIAL DISTRICTS INSURANCE SERVICES,

Defendants. HERNÁNDEZ, District Judge: Magistrate Judge Acosta issued a Findings and Recommendation [ECF 148] on April 24, 2020, in which he recommends that this Court grant Defendants’ Motions to Dismiss [ECF 104, 120]. The matter is now before the Court pursuant to

28 U.S.C. § 636

(b)(1)(B) and Federal Rule

of Civil Procedure 72(b). Plaintiff filed timely objections to the Magistrate Judge’s Findings & Recommendation. Pl. Obj., ECF 152. When any 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 has carefully considered Plaintiff’s objections and concludes that 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 error in the Magistrate Judge’s Findings & Recommendation.

/// /// /// /// /// /// /// /// /// CONCLUSION The Court ADOPTS Magistrate Judge Acosta’s Findings and Recommendation [ECF 148]. Therefore, Defendants’ motions to dismiss [ECF 104, 120] are GRANTED. Plaintiff’s First Amendment retaliation claim is dismissed with prejudice, and her state-law claims are dismissed

without prejudice to allow pursuit of such claims in state court. IT IS SO ORDERED.

DATED: ____S_e_p_t_e_m__b_e_r _1_0_,_ 2_0__2_0__.

___________________________ MARCO A. HERNÁNDEZ United States District Judge

Reference

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