District Court, D. Oregon January 8, 2003, CIV. 01-1278-HU (Cain v. Tigard-Tualatin School District 23J)

OPINION AND ORDER

HAGGERTY, Chief Judge.

In his second Findings and Recommendation (doc. # 40) in this action, Magistrate Judge Hubei recommended granting defendants’ motion to dismiss plaintiffs’ first amended complaint (doc. #28, 30). Plaintiffs filed objections, and the case was referred to this court on November 29, 2002.

The matter is now before the court pursuant to 28 U.S.C.