The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PATRICIA HOLLOWAY, No. 3:13-cv-01787-AC
Plaintiff, ORDER
v.
CLACKAMAS RIVER WATER; DEAN
MARK PHILLIPS; KATHERINE KEHOE;
BARBARA KEMPER; CINDI LEWIS-
WOLFRAM; MICHAEL CARDWELL;
VANCE VOYLES; LARRY SOWA;
KENNETH HUMBERTSON; HUGH
KALANI; SPECIAL DISTRICTS
ASSOCIATION OF OREGON; FRANK
STRATTON; JENS JENSEN; DOUG
ANDERSON; TAMSEN LEACHMAN;
CLACKAMAS RIVER WATER BOARD
OF COMMISSIONERS; DAVID McNEEL;
NAOMI ANGIER; WILLIAM BLANAS;
SHERRY FRENCH; LEE E. MOORE, SR.;
SPECIAL DISTRICTS INSURANCE
SERVICES,
Defendants.
HERNÁNDEZ, District Judge:
Magistrate Judge Acosta issued a Findings and Recommendation [ECF 148] on April 24,
2020, in which he recommends that this Court grant Defendants’ Motions to Dismiss [ECF 104,
120]. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule
of Civil Procedure 72(b).
Plaintiff filed timely objections to the Magistrate Judge’s Findings & Recommendation.
Pl. Obj., ECF 152. When any party objects to any portion of the Magistrate Judge’s Findings &
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).
The Court has carefully considered Plaintiff’s objections and concludes that there is no
basis to modify the Findings & Recommendation. The Court has also reviewed the pertinent
portions of the record de novo and finds no error in the Magistrate Judge’s Findings &
Recommendation.
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CONCLUSION
The Court ADOPTS Magistrate Judge Acosta’s Findings and Recommendation [ECF
148]. Therefore, Defendants’ motions to dismiss [ECF 104, 120] are GRANTED. Plaintiff’s First
Amendment retaliation claim is dismissed with prejudice, and her state-law claims are dismissed
without prejudice to allow pursuit of such claims in state court.
IT IS SO ORDERED.
DATED: ____S_e_p_t_e_m__b_e_r _1_0_,_ 2_0__2_0__.
___________________________
MARCO A. HERNÁNDEZ
United States District Judge