Busby v. McCormick & Schmick Restaurant Corporation, No. 3:2013cv02101 - Document 26 (D. Or. 2014)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Papaks recommendation and I ADOPT the F&R 22 as my own opinion. Signed on 9/24/14 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION CHRISTOPHER BUSBY, No. 3:13-cv-02101-PK Plaintiff, OPINION AND ORDER v. MCCORMICK & SCHMICK RESTAURANT CORPORATION, Defendant. MOSMAN, J., On June 18, 2014, Magistrate Judge Papak issued his Findings and Recommendation [22], recommending that this case should be dismissed with prejudice for want of prosecution. Defendant s motion to dismiss [13] was DENIED AS MOOT. No objections to the Findings and Recommendation 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 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 is not required to review, de novo or under any other standard, the factual or legal conclusions of 1 OPINION AND ORDER 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 Papak s recommendation and I ADOPT the F&R [22] as my own opinion. IT IS SO ORDERED. DATED this _24th day of September, 2014. /s/ Michael W. Mosman____ MICHAEL W. MOSMAN United States District Judge 2 OPINION AND ORDER

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