Smallwood v. Pope, 2:17-cv-01517-TC. (2018)
Court: District Court, D. Oregon
Number: infdco20181009d25
Visitors: 8
Filed: Oct. 03, 2018
Latest Update: Oct. 03, 2018
Summary: OPINION AND ORDER MICHAEL J. McSHANE , District Judge . Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation ("F&R"), ECF No. 45, and the matter is now before this Court. See 28 U.S.C. 636(b)(1)(B); Fed. R. Civ. P. 72(b). Although the parties filed no objections, I have reviewed the legal principles de novo. See United States v. Bernhardt, 840 F.2d 1441 , 1445 (9th Cir. 1998). I find no error and conclude that the report is correct. Judge Coffin's F&R is adopted in f
Summary: OPINION AND ORDER MICHAEL J. McSHANE , District Judge . Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation ("F&R"), ECF No. 45, and the matter is now before this Court. See 28 U.S.C. 636(b)(1)(B); Fed. R. Civ. P. 72(b). Although the parties filed no objections, I have reviewed the legal principles de novo. See United States v. Bernhardt, 840 F.2d 1441 , 1445 (9th Cir. 1998). I find no error and conclude that the report is correct. Judge Coffin's F&R is adopted in fu..
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OPINION AND ORDER
MICHAEL J. McSHANE, District Judge.
Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation ("F&R"), ECF No. 45, and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). Although the parties filed no objections, I have reviewed the legal principles de novo. See United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude that the report is correct. Judge Coffin's F&R is adopted in full. Accordingly, Defendants' Motion for Judgment on the Pleadings, ECF No. 22, is DENIED with respect to Plaintiff's equal protection claim and GRANTED with respect to Plaintiff's due process claim. Plaintiff's Motion for Leave to File Amended Complaint, ECF No. 34, is GRANTED and Plaintiff allowed 30 days to file an amended complaint curing the deficiencies of his due process and failure to protect claims.
IT IS SO ORDERED.
Source: Leagle
