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Rossi v. Garrison

United States District Court, D. Oregon, Medford Division

April 7, 2015

JAMES HAROLD ROSSI, Plaintiff,
v.
HONORABLE RANDOLPH LEE GARRISON, et al., Defendants.

ORDER

OWEN M. PANNER, District Judge.

On November 10, 2014, Defendant Bowers filed a motion to dismiss (#4). Magistrate Judge Mark D. Clarke filed a Report and Recommendation (#9), and the matter is now before this Court. See 2e u.s.c. § 636(b) (1) (B), Fed.R.Civ.P. 72(b). Plaintiff filed objections (#17) and I have reviewed the file of this case de novo. 28 U.S.C. § 636(b) (1) (C); McDonnell Douglas Corp. v. Cormnodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 1981).

I have given this matter de novo review. I find no error. In his Objections, Plaintiff appears to concede that he cannot sustain a claim under 42 U.S.C. § 1983 and that he has not properly pled his claim for abuse of process. Plaintiff also appears to endorse Judge Clarke's recormnendation that the case be dismissed with leave to amend. Accordingly, I ADOPT the Report and Recormnendation (#9).

This action is DISMISSED with leave to amend. Plaintiff shall have thirty (30) days from the date of this Order to file an amended complaint.

IT IS SO ORDERED.


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