Scott et al v. United States of America et al, No. 3:2023cv00423 - Document 64 (D. Or. 2023)
Court Description: OPINION AND ORDER ADOPTING JUDGE BECKERMAN'S F&R: No objections have been filed to Judge Beckerman's F&R, ECF 59 . Accordingly, the F&R is adopted in full. This Court GRANTS Defendants' Motion to Dismiss, ECF 44 . Plaintiff has filed a Fifth Amended Complaint, ECF 62 , and all Parties named in that Complaint have consented to jurisdiction by a magistrate judge, ECF 63 . Signed on 12/18/2023 by Judge Karin J. Immergut. (gw)
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Scott et al v. United States of America et al Doc. 64 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON DIANE ELAINE SCOTT, personal representative of the estate of Kyle Batt, deceased; DIANE ELAINE SCOTT, guardian ad litem for K.R.B., a minor child; and DIANE ELAINE SCOTT, personally, Case No. 3:23-cv-00423-SB ORDER ADOPTING JUDGE BECKERMAN’S FINDINGS AND RECOMMENDATION Plaintiffs, v. UNITED STATES OF AMERICA; JOHN DOES 1–10; and INTEGRATED MEDICAL SOLUTIONS, LLC, a Texas Limited Liability Company, Defendants. IMMERGUT, District Judge. No objections to Judge Beckerman’s Findings and Recommendation (“F&R”), ECF 58, have been filed. Therefore, this Court ADOPTS the F&R. STANDARDS Under the Federal Magistrates Act (“Act”), as amended, the court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). If a party objects to a magistrate judge’s F&R, “the court shall make a PAGE 1 – OPINION AND ORDER ADOPTING JUDGE BECKERMAN’S F&R Dockets.Justia.com de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id. But the court is not required to review, de novo or under any other standard, the factual or legal conclusions of the F&R that are not objected to. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). Nevertheless, the Act “does not preclude further review by the district judge, sua sponte” whether de novo or under another standard. Thomas, 474 U.S. at 154. CONCLUSION No objections have been filed to Judge Beckerman’s F&R. Accordingly, the F&R, ECF 58, is adopted in full. This Court GRANTS Defendants’ Motion to Dismiss, ECF 44. IT IS SO ORDERED. DATED this 18th day of December, 2023. /s/ Karin J. Immergut Karin J. Immergut United States District Judge PAGE 2 – OPINION AND ORDER ADOPTING JUDGE BECKERMAN’S F&R
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