Ortega-Gonzalez v. Hall, No. 3:2008cv00368 - Document 35 (D. Or. 2009)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Acosta's recommendation, and I ADOPT the F&R 31 as my own opinion. Signed on 12/17/09 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON IVAN ORTEGA-GONZALEZ, No. CV 08-368-AC Petitioner, OPINION AND ORDER v. GUY HALL, Respondent. MOSMAN, J., On November 12, 2009, Magistrate Judge Acosta issued Findings and Recommendation ("F&R") (#31) in the above-captioned case recommending that Mr. Ortega-Gonzalez's Petition for Writ of Habeas Corpus be DENIED. Mr. Ortega-Gonzalez filed objections to the F&R (#33), and respondent filed a response to those objections (#34). 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 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 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 Acosta's recommendation, and I ADOPT the F&R (#31) as my own opinion. IT IS SO ORDERED. DATED this 17th day of December, 2009. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court PAGE 2 OPINION AND ORDER

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