SEHAT v. PROGRESSIVE UNIVERSAL INSURANCE, COMPANY OF ILLINOIS, 3:14-CV-01433-PK. (2016)
Court: District Court, D. Oregon
Number: infdco20160518e29
Filed: May 16, 2016
Latest Update: May 16, 2016
Summary: ORDER ANNA J. BROWN , District Judge . Magistrate Judge Paul Papak issued Findings and Recommendation (#179) on April 15, 2016, in which he recommends this Court: (1) Grant WCSO's Motion (#135-3) to Dismiss for Insufficiency of Process and dismiss with prejudice Plaintiff's claims against Deputies O'Reilly, Wiley, Mock, and John and Jane Does; (2) Grant Defendant Washington County Sheriff's Department's (WCSO) Motion (#135-1) to Dismiss and dismiss without prejudice Plaintiff's claims aga
Summary: ORDER ANNA J. BROWN , District Judge . Magistrate Judge Paul Papak issued Findings and Recommendation (#179) on April 15, 2016, in which he recommends this Court: (1) Grant WCSO's Motion (#135-3) to Dismiss for Insufficiency of Process and dismiss with prejudice Plaintiff's claims against Deputies O'Reilly, Wiley, Mock, and John and Jane Does; (2) Grant Defendant Washington County Sheriff's Department's (WCSO) Motion (#135-1) to Dismiss and dismiss without prejudice Plaintiff's claims agai..
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ORDER
ANNA J. BROWN, District Judge.
Magistrate Judge Paul Papak issued Findings and Recommendation (#179) on April 15, 2016, in which he recommends this Court:
(1) Grant WCSO's Motion (#135-3) to Dismiss for Insufficiency of Process and dismiss with prejudice Plaintiff's claims against Deputies O'Reilly, Wiley, Mock, and John and Jane Does;
(2) Grant Defendant Washington County Sheriff's Department's (WCSO) Motion (#135-1) to Dismiss and dismiss without prejudice Plaintiff's claims against the remaining Defendants;
(3) Deny as moot WCSO's Motion (#135-2) to Strike;
(4) Strike all other pending Motions in this matter as moot with leave to refile after Plaintiff files her Third Amended Complaint; and
(5) Grant Plaintiff leave to file a Third Amended Complaint no later than 45 days after entry of an Order adopting the Findings and Recommendation.
Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. See Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). Having reviewed the legal principles de novo, the Court does not find any error.
CONCLUSION
The Court ADOPTS Magistrate Judge Papak's Findings and Recommendation (#179). Accordingly, the Court
(1) GRANTS WCSO's Motion (#135-3) to Dismiss for Insufficiency of Process DISMISSES with prejudice Plaintiff's claims against Deputies O'Reilly, Wiley, Mock, and John and Jane Does;
(2) GRANTS WSCO's Motion (#135-1) to Dismiss and DISMISSES without prejudice Plaintiff's claims against the remaining Defendants;
(3) DENIES as moot WCSO's Motion (#135-2) to Strike;
(4) STRIKES all other pending Motions in this matter with leave to refile after Plaintiff files her Third Amended Complaint; and
(5) GRANTS Plaintiff leave to file a Third Amended Complaint consistent with Magistrate Judge Papak's Findings and Recommendation (#179) and this Order no later than June 30, 2016.
IT IS SO ORDERED.
Source: Leagle
