Smith v. United States of America

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON STEVEN SMITH, Plaintiff, Case No. 6:22-CV-00732-MK V. ORDER UNITED STATES OF AMERICA; and U.S. DEPARTMENT OF TRANSPORTATION, Defendant.

MCSHANE, Judge: Magistrate Judge Mustafa T. Kasubhai filed a Findings and Recommendation (ECF No. 52), and the matter is now before this Court on Defendant’s objections. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). I review de novo. United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude the report is correct.

Magistrate Judge Kasubhai’s Findings and Recommendation (ECF No. 52) is adopted in full. Plaintiff's Motion for Partial Summary Judgment is DENIED and the arguments cited within are construed as part of his response to Defendant’s Partial Motion to Dismiss. Defendant’s Partial -ORDER Motion to Dismiss is DENIED as to claims 1–7 of count one and GRANTED as to claims 8 and 9 of count one. Plaintiff’s claims 8 and 9 of count one are DISMISSED with leave to amend.

IT IS SO ORDERED.

DATED this _3_0_t_h__ day of October, 2023.

______/_s_/M__ic_h_a_e_l_ M__c_S_h_a_n_e_______ Michael McShane United States District Judge

2 –ORDER