Smallwood v. Pope et al, No. 2:2017cv01517 - Document 48 (D. Or. 2018)

Court Description: Opinion and Order adopting Findings & Recommendation 45 , denying Motion for Judgment on the Pleadings 22 , granting Motion for Leave to File Amended Complaint 34 , Plaintiff allowed 30 days to file Amended Complaint. Signed on 10/3/18 by Judge Michael J. McShane. (kf)
Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION JOSEPH LOUIS SMALLWOOD, No. 2:17-cv-01517-TC Plaintiff, v. OPINION AND ORDER M. POPE; K. HOGELAND; D. LILIENTHAL; DAVE G. POWELL, Defendants. ______________________________________ MCSHANE, Judge: Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation (“F&R”), ECF No. 45, 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 Coffin’s F&R is adopted in full. Accordingly, Defendants’ Motion for Judgment on the Pleadings, ECF No. 22, is DENIED with respect to Plaintiff’s equal protection claim and GRANTED with respect to Plaintiff’s due process claim. Plaintiff’s Motion for Leave to File Amended Complaint, ECF No. 34, is GRANTED and Page 1 – OPINION AND ORDER Plaintiff allowed 30 days to file an amended complaint curing the deficiencies of his due process and failure to protect claims. IT IS SO ORDERED. DATED this 3rd day of October, 2018. /s/ Michael McShane________ Michael J. McShane United States District Judge Page 2 – OPINION AND ORDER