Tran v. Kuehl

District Court, D. Oregon

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

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