Brosowske v. Sheridan FDC

District Court, D. Oregon

Brosowske v. Sheridan FDC

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

BILLY BROSOWSKE, No. 3:20-cv-01185-YY

Plaintiff(s), ORDER

v.

SHERIDAN FDC, DR. HUNTER, DR. GRASLEY, CO. MOODY, NURSE ANDERSON, and DR. GRADY,

Defendant(s).

HERNÁNDEZ, District Judge: Magistrate Judge Youlee Yim You issued a Findings and Recommendation on January 3, 2023, in which she recommends that this Court grant Defendants’ Motion for Summary Judgment and dismiss Plaintiff’s claims without prejudice. F&R, ECF 51. 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 and Recommendation. Pl. Obj., ECF 53. When any party objects to any portion of the Magistrate Judge’s Findings and 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 and Recommendation. The Court has also reviewed the pertinent portions of the record de novo and finds no error in the Magistrate Judge’s Findings and Recommendation. CONCLUSION The Court ADOPTS Magistrate Judge You’s Findings and Recommendation, ECF 51. Therefore, Defendant’s Motion for Summary Judgment, ECF 40 is GRANTED and this matter is DISMISSED without prejudice. IT IS SO ORDERED.

DATED: ____F_e_b_r_u_a_r_y_ 2__4_, _2_0_2_3____

___________________________ MARCO A. HERNÁNDEZ United States District Judge

Reference

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