Brown v. Union County et al, No. 2:2016cv00679 - Document 90 (D. Or. 2018)

Court Description: OPINION AND ORDER. Signed on 7/9/2018 by Chief Judge Michael W. Mosman. (pvh)
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Brown v. Union County et al Doc. 90 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PENDLETON DIVISION BARRY LEWIS BROWN, No. 2:16-cv-00679-YY Plaintiff, v. OPINION AND ORDER UNION COUNTY; SHERIFF BOYD RASSMUSON; COMMANDER LORI LUCAS; TIM CARY; KAREN PHELPS; UNION COUNTY CORRECTIONAL FACILITY, Defendants. MOSMAN,J., On May 10, 2018, Magistrate Youlee Yim You issued her Findings and Recommendation (F&R) [78], recommending that Defendants' Motion for Summary Judgment [38] should be GRANTED. PlaintiffBaiTy Lewis Brown filed objections [86]. The Defendants responded [88]. 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)(l)(C). However, the court 1 - OPINION AND ORDER 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 [78] as my own opinion. The Defendants' Motion for Summary Judgment [38] is GRANTED and this case is DISMISSED WITH PREJUDICE. IT IS SO ORDERED. DATED <(]!' day of July, 2018. Chief United 2 - OPINION AND ORDER