Norland v. Oregon Pretrial Services et al, No. 3:2005cv06312 - Document 116 (D. Or. 2009)

Court Description: OPINION AND ORDER: Granting in Part and Denying in Part Motion for Summary Judgment 83 ; Adopting Findings and Recommendation 107 . Signed on 9/29/09 by Judge Michael W. Mosman. (mkk)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON FflEDr 09 SEP 2916:49USOC-tRP RICHARD NORLAND) No. CV 05-6312-ST Plaintiff, OPINION AND ORDER v. STATE OF OREGON) et at.) Defendants. MOSMAN,J.) On June 25) 2009) Magistrate Judge Stewart issued Findings and Recommendation ("F&R") (#107) in the above-captioned case recommending that Plaintiffs Motion for Sanctions (#93) be DENIED) that Defendants' Motion to Strike Plaintiffs Response and Request for Sanctions (#99) be DENIED) and that Defendants' Motion for Summary Judgment (#83) be GRANTED IN PART AND DENIED IN PART. Plaintiff filed objections to the F&R (#112). 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 detennination. The court is generally required to make a de novo determination ofthose portions of the report or specified findings or recommendation as to which an objection is made. 28 U.S.C. § 636(b)(I)(C). However, the court is not required to review, under a de novo or 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. Am, 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 of the magistrate judge's F&R. 28 U.S.C. § 636(b)(1)(C). Upon review, I agree with Judge Stewart's recommendation, and I ADOPT the F&R (#107) as my own opinion. IT IS SO ORDERED. DATED this ~ day of September, 20J. S!'HA~~-- United States District Court PAGE 2 OPINION AND ORDER

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