Brand v. Gresham City Police Department, No. 3:2018cv01248 - Document 11 (D. Or. 2018)

Court Description: Opinion and Order adopting Findings & Recommendation 7 ; allowing Application for Leave to Proceed IFP 1 ; claims are barred and Complaint dismissed w/ prejudice. Signed on 10/4/18 by Judge Michael J. McShane.**1 PAGE(S), PRINT ALL**(Austin Brand, Prisoner ID: 16137792) (kf)
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON AUSTIN CALLAHAN BRAND, Case No. 3:18-cv-01248-MK Plaintiff, OPINION AND ORDER v. GRESHAM CITY POLICE DEPARTMENT, et al., Defendants. ___________________________________ MCSHANE, Judge: Magistrate Judge Jolie A. Russo filed a Findings and Recommendation (“F&R”), ECF No. 7, and the matter is now before this Court. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b). Plaintiff timely filed objections to the F&R. ECF No. 9. Accordingly, I have reviewed the file of this case de novo. See 28 U.S.C. § 636(b)(1)(c); McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981). I find no error and conclude that the F&R is correct. Judge Russo’s F&R is adopted in full. Consistent with Judge Russo’s F&R, Plaintiff’s Application to Proceed in Forma Pauperis is allowed, but his claims are barred and his Complaint therefore DISMISSED with prejudice. IT IS SO ORDERED. DATED this 4th day of October, 2018. /s/ Michael McShane________ Michael J. McShane United States District Judge