McGuire et al v. Clackamas County Counsel et al

Filing 61

ORDER: Adopting Magistrate Judge Acosta's Findings and Recommendation 56 and accordingly, GRANTS Judge Ronald E. Cinniger's Motion to Dismiss 22 with prejudice and DENIES Judge Cinniger's request for attorneys' fees. Signed on 11/24/09 by Judge Anna J. Brown. (cib)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DAVID R. McGUIRE and ARLENE B. McGUIRE, Plaintiffs, v. CLACKAMAS COUNTY COUNSEL, SCOTT CIECKO, JUDGE RONALD E. CINNIGER, KIM PRIEST, KEN SPIEGLE, and CLACKAMAS COUNTY, Defendants. DAVID R. McGUIRE ARLENE B. McGUIRE 22988 S. Day Hill Rd. Estacada, OR 97203 (503) 656-9089 Plaintiffs, Pro Se 08-CV-1098-AC ORDER 1- ORDER EDWARD S. McGLONE III Clackamas County Counsel 2051 Kaen Rd. Oregon City, OR 97045 (503) 655-8362 Attorneys for Defendant Clackamas County Counsel, Scott Ciecko, Kim Priest, Ken Spiegle, and Clackamas County JOHH KROGER Attorney General ANDREW D. HALLMAN JAMES S. SMITH Assistant Attorneys General Oregon Department of Justice 1162 Court St. N.E. Salem, OR 97301 (503) 947-4791 Attorneys for Defendant Judge Ronald E. Cinniger BROWN, Judge. Magistrate Judge John V. Acosta issued Findings and Recommendation (#56) on September 23, 2009, in which he recommended the Court grant Defendant Judge Ronald E. Cinniger's Motion to Dismiss (#22) with prejudice and deny Judge Cinniger's request for attorneys' fees. The matter is now before this Court pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). 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. Britt v. Simi Valley See Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). also Lorin Corp. v. Goto & Co., 700 F.2d 1202, 1206 (8th Cir. 2- ORDER 1983). Having reviewed the legal principles de novo, the Court does not find any error. CONCLUSION The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#56) and, accordingly, GRANTS Judge Ronald E. Cinniger's Motion to Dismiss (#22) with prejudice and DENIES Judge Cinniger's request for attorneys' fees. IT IS SO ORDERED. DATED this 24th day of November, 2009. /s/ Anna J. Brown ________________________ ANNA J. BROWN United States District Judge 3- ORDER

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