Kazalonis v. Harney County Oregon et al, No. 2:2020cv01605 - Document 63 (D. Or. 2021)
Court Description: OPINION AND ORDER: Upon review, I agree with Judge Sullivan's findings and recommendation, and I ADOPTthe F. & R. 59 as my own opinion. I GRANT Defendants' Motions to Dismiss 48 , 49 and DISMISS this case with prejudice. Signed on 6/1/2021 by Judge Michael W. Mosman. (Deposited in outgoing mail to pro se party on 6/1/2021.) (dsg)
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Kazalonis v. Harney County Oregon et al Doc. 63 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PENDLETON DIVISION MARK KAZALONIS, Plaintiff, No. 2:20-cv-01605-SU V. HARNEY COUNTY, OREGON, et al., OPINION AND ORDER Defendants. MOSMAN,J., On April 20, 2021, Magistrate Judge Patricia Sullivan issued her Findings and Recommendation (F. & R.) [ECF 59]. Judge Sullivan recommended that I grant Defendants' Motions to Dismiss [ECF 48, 49] and dismiss this case with prejudice. Plaintiff Mark Kazalonis filed objections. Upon review, I agree with Judge Sullivan. 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 is not required to review, de novo or under any other standard, the factual or legal conclusions of 1 - OPINION AND ORDER Dockets.Justia.com 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). CONCLUSION Upon review, I agree with Judge Sullivan's findings and recommendation, and I ADOPT the F. & R. [ECF 59] as my own opinion. I GRANT Defendants' Motions to Dismiss [ECF 48, 49] and DISMISS this case with prejudice. IT IS SO ORDERED. DATED this ~ '({~ j:!._ day o™rry, 2021. United States 2 - OPINION AND ORDER ·
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