Lara-Cazares v. D.O.C. / SRCI et al, No. 3:2009cv00838 - Document 40 (D. Or. 2011)

Court Description: OPINION AND ORDER: Upon review, I ADOPT Judge Papaks F&R 34 as my own, and I GRANT defendants Motion for Summary Judgment 23 . Signed on 1/21/2011 by Judge Michael W. Mosman. (dls)

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Lara-Cazares v. D.O.C. / SRCI et al Doc. 40 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON HORACIO LARA-CAZARES, Plaintiff, No. CV 09-838-PK v. OPINION AND ORDER DEPARTMENT OF CORRECTIONS; SNAKE RIVER CORRECTIONAL INSTITUTION; and MARK NOOTH, Superintendent, Snake River Correctional Institution, Defendants. MOSMAN, J., On November 9, 2010, Magistrate Judge Papak issued his Findings and Recommendation ("F&R") (#34) in the above-captioned case recommending that I grant defendants Motion for Summary Judgment (#23). Plaintiff did not file objections. STANDARD OF REVIEW 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, 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 OPINION AND ORDER - 1 Dockets.Justia.com 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 ADOPT Judge Papak s F&R (#34) as my own, and I GRANT defendants Motion for Summary Judgment (#23). IT IS SO ORDERED. DATED this 21st day of January, 2011. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court OPINION AND ORDER - 2

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