Relyea v. Quilite International, LLC et al, No. 3:2007cv00878 - Document 51 (D. Or. 2009)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Jelderks's recommendation, and I ADOPT the F&R 48 , 41 . Signed on 6/12/09 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON WILLIAM S. RELYEA, No. CV 07-878-JE Plaintiff, OPINION & ORDER v. QUILITE INTERNATIONAL, LLC, a California LLC, et al., Defendants. MOSMAN, J., On May 12, 2009, Magistrate Judge Jelderks issued Findings and Recommendation ("F&R") (#48) in the above-captioned case granting plaintiff's Motion to Compel Production of Documents (#41-1) and recommending that plaintiff's Request to Recover the Costs of Obtaining the Order (#412) be granted. No objections to the F&R were filed. 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 of 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 PAGE 1 - OPINION & ORDER 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. 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 of the magistrate judge's F&R. 28 U.S.C. § 636(b)(1)(C). Upon review, I agree with Judge Jelderks's recommendation, and I ADOPT the F&R (#48) as my own opinion. IT IS SO ORDERED. DATED this 12th day of June, 2009. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court PAGE 2 - OPINION & ORDER

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