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Kelley v. Morton

United States District Court, D. Oregon

September 17, 2014

SANDRA KELLEY, Personal Representative of the Estate of LARRY McKINNEY, CHANCE McKINNEY, STORMY McKINNEY, STEVIE McKINNEY, Plaintiffs,
v.
MICHAEL MORTON, JOE KAISER, THE CITY OF FAIRVIEW, by and through the Fairview Police Department, Defendants.

ORDER

ANNA J. BROWN, District Judge.

Magistrate Judge Janice M. Stewart issued Findings and Recommendation (#61) on August 28, 2014, in which she recommends this Court grant in part and deny in part the Motion (#34) for Partial Summary Judgment filed by Defendants Michael Morton and the City of Fairview. The matter is now before this Court pursuant to 28 U.S.C. ยง 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

Because no objections to the Magistrate Judge's Findings and Recommendation were timely filed, this Court is relieved of its obligation to review the record de novo. See Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009). See also United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)( en banc ). Having reviewed the legal principles de novo, the Court does not find any error.

CONCLUSION

The Court ADOPTS Magistrate Judge Stewart's Findings and Recommendation (#61). Accordingly, the Court GRANTS in part and DENIES in part Defendants' Motion (#34) for Partial Summary Judgment as follows:

1. The Court GRANTS Defendants' Motion for Summary Judgment as to Plaintiffs' First Claim against Morton in its entirety.
2. The Court GRANTS Defendants' Motion for Summary Judgment as to Plaintiffs' Second Claim against Morton premised on a violation of the Fourteenth Amendment.
3. The Court GRANTS Defendants' Motion for Summary Judgment as to Plaintiffs' Fifth Claim against the City of Fairview.
4. The Court DENIES the remainder of Defendants' Motion for Summary Judgment.

IT IS SO ORDERED.


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