Murray v. Thomas, No. 2:2010cv00847 - Document 15 (D. Or. 2011)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Sullivans recommendation, and I ADOPT the F&R 10 as my own opinion. Signed on 1/21/2011 by Judge Michael W. Mosman. (dls)

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Murray v. Thomas Doc. 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON No. 3:10-847-SU DON MURRAY, Plaintiff, OPINION AND ORDER v. JEFFERY THOMAS, Defendant. MOSMAN, J., On December 22, 2010, Magistrate Judge Sullivan issued a Findings and Recommendation ( F&R ) (#10) in the above-captioned case recommending that Don Murray s Petition for Writ of Habeas Corpus should be denied without prejudice. Mr. Murray did not file objections. 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 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 Dockets.Justia.com 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 of the magistrate judge s F&R. 28 U.S.C. § 636(b)(1)(C). Upon review, I agree with Judge Sullivan s recommendation, and I ADOPT the F&R (#10) as my own opinion. IT IS SO ORDERED. DATED this 21st day of January, 2011. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court

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