Opinion

Committee to Recall Dan Holladay v. Wiley

Court
District Court, D. Oregon
Filed
Jan 10, 2023
Cited by
0 cases
Authority
More cited than 28.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

COMMITTEE TO RECALL DAN

HOLLADAY et al., No. 3:20-cv-01631-YY

Plaintiffs,

OPINION AND ORDER

v.

JAKOB WILEY,

Defendant,

and

STATE OF OREGON,

Intervenor.

MOSMAN, J.,

On August 25, 2022, Magistrate Judge Youlee Yim You issued her Findings and

Recommendation (“F&R”) [ECF 52] recommending that I grant the State of Oregon’s and

Defendant’s respective Motions to Dismiss [ECF 21, 23] and deny Plaintiffs’ Motion for

Certification of a Question to the Oregon Supreme Court [ECF 43]. Plaintiffs filed objections to

the F&R [ECF 56], to which the State of Oregon and Defendant replied [ECF 57, 58]. Upon

review, I agree with Judge You and write further to explain denying leave to amend the complaint.

I GRANT the Motions to Dismiss and DENY the Motion for Certification of a Question to the

Oregon Supreme Court.

LEGAL STANDARD

The magistrate judge makes only recommendations to the court, to which any party may

file written objections. The court is not bound by the recommendations of the magistrate judge,

but retains responsibility for making the final determination. The court is generally required to

make a de novo determination regarding those portions of the report or specified findings or

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court

is not required to review, de novo or under any other standard, the factual or legal conclusions of

the magistrate judge as to those portions of the F&R to which no objections are addressed. See

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th

Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on

whether or not objections have been filed, in either case, I am free to accept, reject, or modify any

part of the F&R. 28 U.S.C. § 636(b)(1)(C).

DISCUSSION

I adopt Judge You’s F&R in full and write further to expand on the decision to dismiss the

complaint rather than grant leave to amend. “A district court acts within its discretion to deny leave

to amend when amendment would be futile . . . .” Chappel v. Lab. Corp. of Am., 232 F.3d 719,

725–26 (9th Cir. 2000). Here, amendment would be futile for several reasons. Plaintiffs’ counsel’s

statement on the ease of obtaining signatures in a setting not affected by COVID-19 clearly

contradicts Plaintiffs’ First Amendment claim. Further, Plaintiffs’ proposed amendment to include

data on the fact that most recall petitions fail would not establish the link between failed petitions

and the alleged severe burden of the 90-day time restriction. More importantly, because sovereign

immunity and mootness apply, any amendment to the complaint to cure its deficiencies would be

futile. Therefore, dismissal is appropriate.

CONCLUSION

Upon review, I agree with Judge You’s recommendation, and 1 ADOPT the F&R [ECF 52]

as my Own opinion. The Motions to Dismiss [ECF 21, 23] are GRANTED, and the Motion for

Certification of a Question to the Oregon Supreme Court [ECF 43] is DENIED.

IT IS SO ORDERED.

DATED this i day of January, 2023.

LX W. Wot

Senior United StateSDistrict Judge

3 — OPINION AND ORDER

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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