Summary
recognizing that "parole board officials have absolute immunity in § 1983 actions for injunctive relief"
Summary of this case from Schoenwandt v. Haw. Paroling Auth.Opinion
Civil Case No. 05-6322-HU.
October 30, 2008
Kristina Hellman, Assistant Federal Public Defender, Portland, Oregon, Attorney for Plaintiff.
Hardy Myers, Attorney General, Jacqueline Sadker, Assistant Attorney General, Department of Justice, Salem, Oregon, Attorneys for Defendants.
ORDER
The Honorable Dennis J. Hubel, United States Magistrate Judge, filed Findings and Recommendation on September 29, 2008. Plaintiff filed timely objections to the Findings and Recommendation.
When either party objects to any portion of a magistrate's Findings and Recommendation concerning a dispositive motion or prisoner petition, the district court must make a de novo determination of that portion of the magistrate's report. 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); McDonnell Douglas Corp. v. Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 1981), cert. denied, 455 U.S. 920 (1982). This court has, therefore, given de novo review of the rulings of Magistrate Judge Dennis J. Hubel.
This court ADOPTS the Findings and Recommendation of Magistrate Judge Hubel dated September 29, 2008 in its entirety.
IT IS HEREBY ORDERED that Defendants' Rule 12 Motion to Dismiss (#25) is granted. This action is dismissed with prejudice.