Pace v. Portland Community College, No. 3:2019cv00745 - Document 84 (D. Or. 2020)

Court Description: OPINION AND ORDER. Signed on 12/03/2020 by Judge Michael W. Mosman. (Mailed to Pro Se party on 12/03/2020.) (pvh)

Download PDF
Pace v. Portland Community College Case 3:19-cv-00745-YY Document 84 Filed 12/03/20 Doc. 84 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION CHARLES PACE, Plaintiff, No. 3:19-CV-00745-YY V. PORTLAND COMMUNITY COLLEGE, OPINION AND ORDER Defendant. MOSMAN,J., On October 5, 2020, Magistrate Judge Youlee Yim You issued her Findings and Recommendation (F. & R.) [ECF 76]. Judge You recommended that I grant Defendant's Motion to Dismiss [ECF 59] and dismiss the case with prejudice. No timely objections were filed. Upon review, I agree with Judge You and GRANT Defendant's Motion to Dismiss [ECF 59] and DISMISS this case with prejudice. DISCUSSION The magistrat.e 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 1 - OPINION AND ORDER Dockets.Justia.com Case 3:19-cv-00745-YY Document 84 Filed 12/03/20 Page 2 of 2 recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the court is not required to review, de novo or under any other standard, the factual or legal conclusions of 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)(l)(C). CONCLUSION Upon review, I agree with Judge You's recommendation and I ADOPT the F. & R. [ECF 76] as my own opinion. Defendant's Motion to Dismiss [ECF 59] is GRANTED and this case is DISMISSED with prejudice. IT IS SO ORDERED. DATED this ay of December, 2020. 2 - OPINION AND ORDER

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.