Tran v. Kuehl
Tran v. Kuehl
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
LINH THI MINH TRAN, No. 3:16-cv-00707-AC
Plaintiff, ORDER
v.
OFFICER DARRYN J. KUEHL, OFFICER BENJAMIN J. TOOPS, and OFFICER RYAN KERSEY,
Defendants.
HERNÁNDEZ, District Judge: Magistrate Judge John Acosta issued a Findings and Recommendation [164] on January 14, 2020, in which he recommends that this Court grant Defendants’ motion to dismiss Plaintiff’s Third Amended Complaint. 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 169. 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 [164]. Therefore, Defendants’ Motions to Dismiss [145] [146] are GRANTED, and Plaintiff’s Third Amended Complaint [139] is dismissed without leave to amend. IT IS SO ORDERED.
DATED: ___N_o_v_e_m__b_e_r_ _1_5_, _2_0_2_0____.
___________________________ MARCO A. HERNÁNDEZ United States District Judge
Reference
- Status
- Unknown