Reed v. City of Medford et al, No. 1:2018cv01405 - Document 8 (D. Or. 2018)

Court Description: OPINION AND ORDER: Adopting Judge Mark D. Clarke's Findings and Recommendation 5 in full. The Complaint is dismissed. Plaintiff has 30 days to file an amended complaint. Signed on 9/3/2018 by Judge Michael J. McShane. (Copy mailed to plaintiff) (cp)
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON AISLING MOORE REED, No. 1:18-cv-01405-CL Plaintiff, v. OPINION AND ORDER CITY OF MEDFORD; JACKSON COUNTY; and DOE DEFENDANTS ONE THROUGH THREE, Defendants. ______________________________________ MCSHANE, Judge: Magistrate Judge Mark D. Clarke filed a Findings and Recommendation (“F&R”), ECF No. 5, and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although the parties filed no objections, I have reviewed the legal principles de novo. See United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude that the report is correct. Judge Clarke’s F&R is adopted in full. Accordingly, the Complaint is DISMISSED without prejudice. Plaintiff has 30 days from the date of this Opinion and Order in which to file an amended complaint. The failure to file an amended complaint within the allotted time will result in the entry of a judgment of dismissal. The Court defers ruling on Plaintiffs’ IFP application, ECF No. 2, pending submission of an amended complaint. IT IS SO ORDERED. DATED this 3rd day of September, 2018. /s/ Michael McShane________ Michael J. McShane United States District Judge