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Mata v. Oregon Health Authority

United States District Court, D. Oregon

August 6, 2014

VICTORINA MATA, Plaintiff,
v.
OREGON HEALTH AUTHORITY, an agency of the State of Oregon, OREGON DEPARTMENT OF HUMAN SERVICES an agency of the State of Oregon, CATHLEEN KAUFMANN, PATRICIA WENTZ, BEVIN HANSELL, and BRUCE GOLDBERG, Defendants.

ORDER

MICHAEL J. McSHANE, District Judge.

Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation (ECF No. 32), and the matter is now before this court. See 28 U.S.C. ยง 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.

THEREFORE, IT IS HEREBY ORDERED that, Magistrate Judge Coffin's Findings and Recommendation (ECF No. 32) is adopted. Defendants' partial motion to dismiss (ECF No. 29) is GRANTED. Plaintiff's due process claims are dismissed with prejudice. Plaintiff's claims against defendant Goldberg are dismissed without prejudice, with leave to amend the complaint to allege a section 1983 claim against Goldberg.

IT IS SO ORDERED.


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