Gutierrez v. Houchin et al
Filing
61
ORDER: Adopting Findings and Recommendation 57 ; Granting Defendants John Hitt's and City of Lebanon's Motion for Summary Judgment 25 on the federal and state law claims against them, leaving this claim to proceed solely against defendant Houchin. further, Defendants John Does 1-3 are dismissed from this action]. Signed on 12/6/2011 by Chief Judge Ann L. Aiken. (lg)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF OREGON
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o R DE R
CANDICE GUTIERREZ,
Civ. No. 09-629l-TC
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Plaintiff,
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vs.
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LARRY K. HOUCHIN, Municipal
Court Judge at the City of
Lebanon; JOHN HITT, City Manager
of the City of Lebanon; THE CITY OF
LEBANON, an Oregon municipal
corporation; JOHN DOES 1-3; and
LARRY HOUCHIN, private individual,
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Defendants.
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AIKEN, Chief Judge:
Magistrate
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Judge
Coffin
filed
his
Findings
and
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Recommendation on October 4, 2011.
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pursuant to 28 U.S.C. § 636(b) (1) (B) and Fed. R. Civ. P. 72 (b).
1 - ORDER
The matter is now before me
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When a party objects to any portion of the Magistrate's Findings
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and
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determination of that portion of the Magistrate's report.
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U.S.C.
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Business Machines,
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denied, 455 U.S. 920 (1982).
Recommendation,
the
636(b)(1)(B);
§
district
McDonnell
court
must
Douglas
656 F.2d 1309, 1313
make
Corp.
v.
(9th Cir.
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Plaintiff has timely filed objections.
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Magistrate's
Findings
and
de
novo
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Commodore
1981), cert.
gi ven the file of this case a de novo review.
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a
I have, therefore,
I ADOPT the
(doc.
Recommendation
57)
that
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defendants John Hitt's and City of Lebanon's motion for summary
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judgment (doc. 25) is granted on the federal and state law claims
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against
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defendant
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dismissed from this action and the Clerk of Court is directed to
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remove them from the case caption.
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IT IS SO ORDERED.
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them,
leaving
Houchin.
Dated this
this
claim
Further,
~~ay
to
proceed
defendants
John
solely
Does
against
1-3
of December 2011.
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Ann Aiken
United States District Judge
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2 - ORDER
are
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