Anderson v. V.A. Hospital

Filing 47

Findings & Recommendation: Plaintiff's motion to dismiss (doc. # 45) should be GRANTED, this action should be dismissed without prejudice, and defendants motion for summary judgment (doc. # 32) should be DENIED as moot. Objections to the Findings and Recommendation are due by 2/6/2009; response due 2/20/09. Signed on 1/22/09 by Magistrate Judge Dennis J. Hubel. (see formal 2-page f&r) (kb)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINDINGS AND RECOMMENDATION Page 1 HUBEL, Magistrate Judge: Plaintiff Robert Anderson brought this action pro se asserting several claims sounding in tort. On October 17, 2008, defendants Robert Anderson 6135 NE Simpson Street, Unit 2 Portland, Oregon 97218 Pro se Karin J. Immergut United States Attorney Ronald K. Silver Assistant United States Attorney United States Attorney's Office District of Oregon 1000 S.W. Third Avenue, Suite 600 Portland, Oregon 97204 Attorneys for defendant v. VA HOSPITAL et al. Defendants. ROBERT ANDERSON, Plaintiff, ) ) ) ) ) ) ) ) ) ) No. CV 08-869-HU IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON FINDINGS AND RECOMMENDATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 filed a motion to dismiss the amended complaint (doc. # 32). The court construed the motion to dismiss as a motion for summary judgment, and on November 18, 2008, entered a summary judgment advice order, extending the time for Mr. Anderson to respond to the defendants' motion. (Doc. # 43). Mr. Anderson did not file a response to the motion for summary judgment, but on January 6, 2009, filed a motion to dismiss all claims without prejudice. (Doc. # 45). The defendants do not oppose Mr. Anderson's motion to dismiss. I recommend that Mr. Anderson's motion to dismiss (doc. # 45) be GRANTED, that this action be dismissed without prejudice, and that defendants' motion for summary judgment (doc. # 32) be DENIED as moot. Scheduling Order The above Findings and Recommendation will be referred to a United States District Judge for review. Objections, if any, are due February 66, 2009. If no objections are filed, review of the Findings and Recommendation will go under advisement on that date. If objections are filed, a response to the objections is due February 20, 1009, and the court's review of the Findings and Recommendation will go under advisement with the District Judge on that date. Dated this ___22nd______ day of January, 2009. /s/ Dennis J. Hubel __________________________ Dennis James Hubel United States Magistrate Judge FINDINGS AND RECOMMENDATION Page 2

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