Credit et al v. Bonner et al
Filing
15
ORDER: Adopting Findings and Recommendation 4 . The Court DISMISSES the remainder of Plaintiffs Complaint 2 without prejudice and with leave for Plaintiff to file an amended complaint to cure the deficiencies set out in the Magistrate Judges Findings and Recommendation no later than January 13, 2012. Signed on 12/9/2011 by Judge Anna J. Brown. (tll)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
LATOYA CREDIT, EVERETT MATIN,
TYREIK CREDIT, and
SHONDRENIKA CREDIT,
3:11-CV-661-HU
ORDER
Plaintiffs,
v.
DON BONNER, DEPARTMENT OF
HUMAN SERVICES, and JUVENILE
DETENTION CENTER,
Defendants.
LATOYA CREDIT
6017 N. Albina
Portland, OR 97217
Plaintiff, Pro Se, and appearing on behalf of each
Plaintiff
BROWN, Judge.
Magistrate Judge Dennis J. Hubel issued Findings and
1 - ORDER
Recommendation (#4) on June 30, 2011, in which he recommends this
Court grant Plaintiffs’ Application to Proceed In Forma Pauperis
(#1), dismiss with prejudice Plaintiffs’ Complaint (#2) to the
extent that Plaintiffs seek to assert a claim under 42 U.S.C.
§ 1983 against state agency Defendants Department of Human
Services and Juvenile Detention Center, and dismiss without
prejudice the remainder of Plaintiff’s Complaint.
The Magistrate
Judge also recommends giving Plaintiffs 30 days to file an
amended complaint to cure the deficiencies set out in 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.
Britt v. Simi Valley
Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983)(rev'd on
other grounds).
See also Lorin Corp. v. Goto & Co., 700 F.2d
1202, 1206 (8th Cir. 1983).
The Court has reviewed the legal
principles de novo and adopts the Findings and Recommendation.
CONCLUSION
The Court ADOPTS Magistrate Judge Hubel's Findings and
Recommendation (#4).
Accordingly, the Court GRANTS Plaintiffs’
Application to Proceed In Forma Pauperis (#1).
The Court
DISMISSES with prejudice Plaintiffs’ Complaint (#2) to the extent
that they bring claims against Defendants Department of Human
2 - ORDER
Services and Juvenile Detention Center under 42 U.S.C. § 1983.
The Court DISMISSES the remainder of Plaintiffs’ Complaint (#2)
without prejudice and with leave for Plaintiff to file an amended
complaint to cure the deficiencies set out in the Magistrate
Judge’s Findings and Recommendation no later than January 13,
2012.1
IT IS SO ORDERED.
DATED this 9th day of December, 2011.
/s/ Anna J. Brown
ANNA J. BROWN
United States District Judge
1
The Court assumes without deciding that a person appointed
as a representative of minor Plaintiffs Everett Matin, Tyreik
Credit, or Shondrenika Credit under Rule 17(c)(1) may proceed pro
se. See Federal Rule of Civil Procedure 17(c). If necessary,
the Court will revisit that issue in the future.
3 - ORDER
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