Holloway v. Clackamas River Water
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
- Status
- Unknown