Peterson v. United States of America et al, No. 1:2016cv01913 - Document 13 (D. Or. 2017)

Court Description: OPINION AND ORDER: Magistrate Judge Clarke's Findings and Recommendation 11 is adopted in its entirety, Defendants' Motion to Dismiss for Failure to State a Claim 6 is granted, and this action is dismissed with prejudice. Signed on 3/10/2017 by Judge Michael J. McShane. (cp) Modified on 3/10/2017 to add the word opinion to the docket text(cp).
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JERRY PETERSON, Plaintiff, Civ. No. 1:16-cv-1913-CL v. OPINION and ORDER UNITED STATES OF AMERICA, et al, Defendants. _____________________________ MCSHANE, Judge: Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (ECF No. 11) and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72. Although neither party filed objections, I reviewed the legal principles de novo. United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude it is correct. 1 – OPINION AND ORDER Therefore, Magistrate Judge Clarke’s Findings and Recommendation (ECF No. 11) is adopted in its entirety, Defendants’ Motion to Dismiss for Failure to State a Claim (ECF No. 6), is GRANTED, and this action is DISMISSED with prejudice. IT IS SO ORDERED. DATED this 10th day of March, 2017. _______/s/ Michael J. McShane________ Michael J. McShane United States District Judge 2 – OPINION AND ORDER