Swanson v. Danielson ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MICHAEL SWANSON, Civ. No. 6:23-cv-00754-MK ORDER Plaintiff, v. KEVIN DANIELSON, Defendant. _____________________________ MCSHANE, Judge: Magistrate Judge Mustafa Kasubhai filed a Findings and Recommendation (#5), and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72. Although Plaintiff did not file objections, the Court reviewed the legal principles de novo. United States v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). The Court finds no error and conclude the report is correct. Magistrate Judge Kasubhai’s Findings and Recommendation (#5) is adopted. The Complaint (#1) is DISMISSED. Plaintiff’s state law tort claim is dismissed with prejudice. Plaintiff is granted 30 days to file an amended complaint meeting the exceptions enumerated in 28 U.S.C. § 2679(b)(2). IT IS SO ORDERED. DATED this 11th day of July, 2024. _______/s/ Michael J. McShane________ Michael McShane United States District Judge 1 – ORDER