Strasser v. BAC Home Loan Servicing et al, No. 3:2011cv01432 - Document 63 (D. Or. 2014)
Court Description: OPINION AND ORDER: Upon review, I agree with Judge Jelderkss recommendation, and I ADOPT the F&R 59 as my own opinion. Signed on 11/24/14 by Judge Michael W. Mosman. (dls)
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Strasser v. BAC Home Loan Servicing et al Doc. 63 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION TERESA J. STRASSER, No. 3:11-cv-01432-JE Plaintiff, OPINION AND ORDER v. BAC HOME LOAN SERVICING, and RECONTRUST CORPORATION, Defendants. MOSMAN, J., On November 4, 2014, Magistrate Judge Jelderks issued his Findings and Recommendation (“F&R”) [59] regarding Defendants’ Motion for Judicial Notice and Summary Judgment. Judge Jelderks recommends that Defendants’ request for judicial notice be granted and that their motion for summary judgment be granted as well. Neither party filed objections within the permitted time. 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 1 – OPINION AND ORDER Dockets.Justia.com 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 part of the 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 [59] as my own opinion. IT IS SO ORDERED. DATED this 24th day of November, 2014. /s/ Michael W. Mosman ___ MICHAEL W. MOSMAN United States District Judge 2 – OPINION AND ORDER
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