Campbell v. Oregon Department of Human Services, 6:18-cv-00603-MK. (2020)
Court: District Court, D. Oregon
Number: infdco20200210e89
Visitors: 5
Filed: Feb. 07, 2020
Latest Update: Feb. 07, 2020
Summary: ORDER MICHAEL J. McSHANE , District Judge . Magistrate Judge Mustafa T. Kasubhai filed a Findings and Recommendation (ECF No. 155), and the matter is now before this Court on Plaintiff's and Defendants' 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. 155) is adopted in f
Summary: ORDER MICHAEL J. McSHANE , District Judge . Magistrate Judge Mustafa T. Kasubhai filed a Findings and Recommendation (ECF No. 155), and the matter is now before this Court on Plaintiff's and Defendants' 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. 155) is adopted in fu..
More
ORDER
MICHAEL J. McSHANE, District Judge.
Magistrate Judge Mustafa T. Kasubhai filed a Findings and Recommendation (ECF No. 155), and the matter is now before this Court on Plaintiff's and Defendants' 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. 155) is adopted in full. Defendants' Motion to Dismiss (ECF No. 144) is GRANTED in part and DENIED in part. Plaintiff's (Daniel Campbell's) first claim against Defendants (Oregon Department of Human Services, Fariborz Pakseresht, and Ashley Carson-Cottingham) is dismissed with prejudice. Plaintiff's second claim may proceed. Plaintiff's third and fourth claims are dismissed, but Plaintiffs may file an amended complaint curing the defects outlined in Judge Kasubhai's Findings and Recommendation within 30 days of this Order. See Findings and Recommendations 15-17, ECF No. 155. If Plaintiff fails to timely file an amended complaint, Plaintiff's third and fourth claims are subject to dismissal with prejudice.
IT IS SO ORDERED.
FootNotes
1. This action previously included Gary Romine as a plaintiff. Pursuant to Mr. Romine's Stipulated Notice of Dismissal, Mr. Romine was terminated from this action on January 21, 2020. See ECF No. 174.
Source: Leagle
