McVay v. Becker

MARCO A. HERNANDEZ

Nathan T. McVay

Pro Se Plaintiff

Kristin A. Winges-Yanez

OREGON DEPARTMENT OF JUSTICE

Attorney for Defendants HERNANDEZ, District Judge:

Magistrate Judge John V. Acosta issued a Findings and Recommendation (doc. #82) on April 5, 2012, recommending that the Motion for Summary Judgment (doc. #34) filed by Nathan T. McVay ("McVay") be denied and Defendants' Motion for Summary Judgment (doc. #61) be granted and this case be dismissed.

McVay timely filed objections to the Magistrate Judge's Findings and Recommendation. The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure.

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); 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 banc).

I have carefully considered McVay's objections and conclude that his objections do not provide a basis to modify the Findings and Recommendation. I have also reviewed the pertinent portions of the record de novo and find no error in the Magistrate Judge's Findings and Recommendation.

The Court ADOPTS the Magistrate Judge's Findings and Recommendation (doc. #82). Accordingly, McVay's Motion for Summary Judgment (doc. #34) is DENlED, and Defendants' Motion for Summary Judgment (doc. #61) is GRANTED. All of McVay's claims pursuant to 42 U.S.C. § 1983 are therefore DISMISSED with prejudice, and McVay's state law tort claims are DISMISSED without prejudice.

IT IS SO ORDERED.

__________________

MARCO A. HERNANDEZ

United States District Judge