PAGE 1 – ORDER           IN THE UNITED STATES DISTRICT COURT  FOR THE DISTRICT OF OREGON    MICHAEL FESSER,      Plaintiff,     v.   WEST LINN POLICE DEPARTMENT,et al.,      Defendants.  Case No. 3:18-cv-1516-SB  ORDER    Michael H. Simon, District Judge.   United States Magistrate Judge Stacie F. Beckerman issued Findings and  Recommendation in this case on October 7, 2019. ECF 66. Magistrate Judge Beckerman  recommended that Plaintiff’s motion for leave to file a Second Amended Complaint be granted  in part and corrected motion for leave to file a Third Amended Complaint be granted.  Specifically, Magistrate Judge Beckerman recommended granting Plaintiff leave to substitute the  City of West Linn as a defendant in place of the West Linn Police Department and to bring a  new claim alleging violations of the First Amendment. Judge Beckerman recommended denying  as futile Plaintiffs’ request to bring a claim against the City underMonell, based on the fact that  Plaintiff only articulated the “policy or custom” theory of municipal liability and did not argue  before Judge Beckerman the “final policymaker” or “ratification” theories of liability, which  Case 3:18-cv-01516-SB Document 74 Filed 11/07/19 Page 1 of 7