Nesbitt v. Perrson et al, No. 3:2019cv00395 - Document 48 (D. Or. 2020)
Court Description: OPINION AND ORDER: Upon review, I agree with Judge You's recommendation and I ADOPT the F. & R. (ECF 46 ) as my own opinion. Defendants' Motion for Summary Judgment (ECF 43 ) is GRANTED and the case is DISMISSED with prejudice. IT IS SO ORDERED. Signed on 11/23/2020 by Judge Michael W. Mosman. (Mailed to Pro Se party on 11/25/2020.) (pvh)
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Nesbitt v. Perrson et al Case 3:19-cv-00395-YY Document 48 Filed 11/23/20 Doc. 48 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION LEDERRICK NESBITT, Plaintiff, No. 3:19-cv-00395-YY v. OPINION AND ORDER ROB PERRSON, et al., Defendants. MOSMAN, J., On September 28, 2020, Magistrate Judge Youlee Yim You issued her Findings and Recommendation (F. & R.) [ECF 46]. Judge You recommended that I grant Defendants’ Motion for Summary Judgment [ECF 43] and dismiss the case with prejudice. No objections were filed. Upon review, I agree with Judge You. DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. The court is not bound by the recommendations of the magistrate judge, but retains responsibility for making the final determination. The court is generally required to make a de novo determination regarding those portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal conclusions of 1 – OPINION AND ORDER Dockets.Justia.com Case 3:19-cv-00395-YY Document 48 Filed 11/23/20 Page 2 of 2 the magistrate judge as to those portions of the F. & R. to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F. & R. depends on whether or not objections have been filed, in either case, I am free to accept, reject, or modify any part of the F. & R. 28 U.S.C. § 636(b)(1)(C). CONCLUSION Upon review, I agree with Judge You’s recommendation and I ADOPT the F. & R. [ECF 46] as my own opinion. Defendants’ Motion for Summary Judgment [ECF 43] is GRANTED and the case is DISMISSED with prejudice. IT IS SO ORDERED. 23 day of November, 2020. DATED this ____ ~QJt{_ (YJ ___________________________ MICHAEL W. MOSMAN United States District Judge 2 – OPINION AND ORDER
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