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Houston v. University of Oregon

United States District Court, D. Oregon
Feb 25, 2004
Civil No. 02-6288-TC (D. Or. Feb. 25, 2004)

Summary

holding that the University of Oregon was entitled to Eleventh Amendment immunity

Summary of this case from Knight v. Portland State Univ.

Opinion

Civil No. 02-6288-TC.

February 25, 2004


ORDER


Magistrate Judge Thomas M. Coffin filed his Findings and Recommendation on February 4, 2004. The matter is now before me.See 28 U.S.C. § 636(b) (1) (B) and Fed.R.Civ.P. 72(b). No objections have been timely filed. This relieves me of my obligation to give the factual findings de novo review.Lorin Corp. v. Goto Co., Ltd., 700 F.2d 1202, 1206 (9th Cir. 1982). See also Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having reviewed the legal principles de novo, I find no error.

Accordingly, I ADOPT Judge Coffin's Findings and Recommendation. Defendants' FRCP 12 motion to dismiss plaintiff's second amended complaint in part (#31) is denied as to plaintiff's Fourteenth Amendment claim alleged in claim two and allowed in all other respects.

IT IS SO ORDERED.


Summaries of

Houston v. University of Oregon

United States District Court, D. Oregon
Feb 25, 2004
Civil No. 02-6288-TC (D. Or. Feb. 25, 2004)

holding that the University of Oregon was entitled to Eleventh Amendment immunity

Summary of this case from Knight v. Portland State Univ.

finding University of Oregon to be an immune "arm of the State"

Summary of this case from Brainard v. W. Or. Univ.
Case details for

Houston v. University of Oregon

Case Details

Full title:JAMES MARTIN HOUSTON, Plaintiff, v. UNIVERSITY OF OREGON, et al.…

Court:United States District Court, D. Oregon

Date published: Feb 25, 2004

Citations

Civil No. 02-6288-TC (D. Or. Feb. 25, 2004)

Citing Cases

Knight v. Portland State Univ.

State universities are considered to be "arm[s] of the state," that receive the benefit of Eleventh Amendment…

Brainard v. W. Or. Univ.

Specifically, under the relevant factors, public universities in Oregon have been determined to be "arms of…