Givens v. Lawson et al, No. 3:2022cv00772 - Document 13 (D. Or. 2022)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge You's recommendation, and I ADOPT the F&R (ECF 9 ) as my own opinion. Plaintiff's Motion to Remand (ECF 4 ) is GRANTED. IT IS SO ORDERED. Signed on 9/27/2022 by Judge Michael W. Mosman. (pvh)

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Givens v. Lawson et al Doc. 13 Case 3:22-cv-00772-YY Document 13 Filed 09/27/22 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION TORIANDRE T. GIVENS, No. 3:22-cv-00772-YY Plaintiff, v. OPINION AND ORDER DELORISE LAWSON et al., Defendants. MOSMAN,J., On August 30, 2022, Magistrate Judge Youlee Yim You issued her Findings and Recommendation ("F&R") [ECF 9], recommending that Plaintiffs Motion to Remand [ECF 4] be granted. Defendants filed objections [ECF 11], and Plaintiff responded [ECF 12]. 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 nova 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)(l)(C). However, the court is not required to review, de nova 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 1 - OPINION AND ORDER Dockets.Justia.com Case 3:22-cv-00772-YY Document 13 Filed 09/27/22 Page 2 of 2 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 scrntiny 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 9] as my own opinion. Plaintiff's Motion to Remand [ECF 4] is GRANTED. IT IS SO ORDERED. DATED this 'J-:faay of September, 2022. Senior United 2 - OPINION AND ORDER

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