Scott v. Myrick et al, No. 2:2016cv00618 - Document 80 (D. Or. 2017)
Court Description: OPINION AND ORDER: Upon review, I agree with Judge You's recommendation and I ADOPT the F&R 77 as my own opinion. Defendants' Partial Motion for Summary Judgment 58 and Motion for Summary Judgment 63 are GRANTED. Signed on 12/8/17 by Judge Michael W. Mosman. **2 PAGE(S), PRINT ALL**(Everett Scott, Prisoner ID: 3508819) (dsg)
Scott v. Myrick et al Doc. 80 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION EVERETT JAMES SCOTT, No. 2:16-cv-00618-YY Plaintiff, OPINION AND ORDER v. JOHN MYRICK, et al., Defendants. MOSMAN,J., On September 18, 2017, Magistrate Judge Youlee Yim You issued her Findings and Recommendation (F&R) , recommending that Defendants' Partial Motion for Summary Judgment  and Motion for Summary Judgment  should be GRANTED. Plaintiff Scott did not file objections. 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 corut 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)(l)(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)(l)(C). Upon review, I agree with Judge You's recommendation and I ADOPT the F&R  as my own opinion. Defendants' Partial Motion for Summary Judgment  and Motion for Sunnnary Judgment  are GRANTED IT IS SO ORDERED. DATEDthis f) ates District Judge 2 - OPINION AND ORDER
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