IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CINDY SABAN, JEFFREY DEAN No. 3:19-cv-01882-JR SABAN, and COREY SABAN, ORDER Plaintiffs,

v.

LAKE OSWEGO POLICE DEPARTMENT and MARK ANDERSON,

Defendants.

HERNÁNDEZ, District Judge: Magistrate Judge Russo issued a Findings and Recommendation on May 19, 2021, in which she recommends that this Court grant Defendants’ Motion for Summary Judgment and enter judgment dismissing this case. F&R, ECF 26. The matter is now before the Court pursuant to

(b)(1)(B) and Federal Rule of Civil Procedure 72(b). Plaintiffs filed timely objections to the Magistrate Judge’s Findings & Recommendation. Pls. Obj., ECF 28. 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.

(b)(1); Dawson v. Marshall,

(9th Cir. 2009); United States v. Reyna-Tapia,

(9th Cir. 2003) (en banc).

The Court has carefully considered Plaintiffs’ objections and concludes that there is no basis to modify the Findings & Recommendation. Defendants are entitled to qualified immunity. See Malley v. Briggs,

, 344–45 (1986) (“Only where the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable will the shield of immunity be lost.”); Messerschmidt v. Millender,

, 536–47 (2012) (“[W]e have recognized an exception allowing suit when it is obvious that no reasonably competent officer would have concluded that a warrant should issue.” (internal quotation and citation omitted)). 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 Russo’s Findings and Recommendation [26]. Therefore, Defendants’ Motion for Summary Judgment [17] is GRANTED and this case is dismissed. IT IS SO ORDERED. DATED: __O__c_t_o_b_e_r_ 3_0_,_ 2__0_2_1______.

___________________________ MARCO A. HERNÁNDEZ United States District Judge