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RODRIGUES v. JACKSON COUNTY, 1:13-cv-1589-CL. (2015)

Court: District Court, D. Oregon Number: infdco20150130f16 Visitors: 4
Filed: Jan. 29, 2015
Latest Update: Jan. 29, 2015
Summary: ORDER OWEN M. FANNER, District Judge. Magistrate Judge Mark D. Clarke filed a Report and Recommendation (R&R), and the matter is now before this court. See 28 U.S.C. 636(b) (1) (B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Shiny Rock Mining Corp. v. United States , 825 F.2d 216 , 218 & n. 1. (9th Cir. 1987). I agree with the R&R that Plaintiff's motion for summary judgment should be denied and Defendants' motion for
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ORDER

OWEN M. FANNER, District Judge.

Magistrate Judge Mark D. Clarke filed a Report and Recommendation (R&R), and the matter is now before this court. See 28 U.S.C. § 636(b) (1) (B), Fed. R. Civ. P. 72(b). Although no objections have been filed, this court reviews legal principles de novo. See Shiny Rock Mining Corp. v. United States, 825 F.2d 216, 218 & n. 1. (9th Cir. 1987). I agree with the R&R that Plaintiff's motion for summary judgment should be denied and Defendants' motion for summary judgment should be granted in part.

CONCLUSION

Magistrate Judge Clarke's Report and Recommendation (#74) is adopted. Defendants' motion for summary judgment (#36, #69) is granted as to Plaintiff's claim for negligence and denied as to Plaintiff's claims for excessive force and battery. Plaintiff's motion for summary judgment (#40) is denied.

IT IS SO ORDERED.

Source:  Leagle

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