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Larry v. Nisley

United States District Court, Ninth Circuit

December 20, 2013

ROBERT J. LARRY, Plaintiff,
v.
ERIC NISLEY, in his individual capacity, Defendant.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge John V. Acosta issued Findings and Recommendation (#231) on October 15, 2013, in which he recommends the Court grant Defendant Eric Nisley's Motion (#207) for Summary Judgment and dismiss this matter with prejudice. Plaintiff filed timely Objections to the Findings and Recommendation. The matter is now before this Court pursuant to 28 U.S.C. § 636(b) (1) and Federal Rule of Civil Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings and Recommendation, the district court must make a de novo determination of that portion of the Magistrate Judge's report. 28 U.S.C. § 636 (b) (1) See also Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) ( en bane ).

This Court has carefully considered Plaintiff's Objections and concludes they do not provide a basis to modify the Findings and Recommendation. The Court also has reviewed the pertinent portions of the record de novo and does not find any error in the Magistrate Judge's Findings and Recommendation.

The Court also declines to grant Plaintiff leave to file a second amended complaint. This matter has been pending since June 2009 and has included multiple dispositive motions. Plaintiff was well advised of his burden on summary judgment and his assertion in his Objections that he "can meet the minimal standard for the Oregon Tort Claims Act by further development of the record" is unsupported and insufficient at this point in the proceedings.

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta's Findings and Recommendation (#231) and, therefore, GRANTS Defendant's Motion (#207) for Summary Judgment and DISMISSES this matter with prejudice.

IT IS SO ORDERED.


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