Cloud Foundation et al v. Haaland et al, No. 2:2023cv01154 - Document 30 (D. Or. 2024)

Court Description: OPINION AND ORDER ADOPTING JUDGE HALLMAN'S FINDINGS AND RECOMMENDATION: This Court has reviewed de novo Judge Hallman's Findings and Recommendation ("F&R"), ECF 26 , to which Defendants objected in its entirety. This Court ADOPTS the F&R in full. Defendants' Motion to Dismiss, ECF 17 , is DENIED. See the attached Opinion and Order for further details. Signed on 6/14/2024 by Judge Karin J. Immergut. (dsg)

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Cloud Foundation et al v. Haaland et al Doc. 30 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON CLOUD FOUNDATION, a non-profit Colorado Corporation; GINGER KATHRENS; and DENIZ BOLBOL, Plaintiffs, Case No. 2:23-cv-01154-HL OPINION AND ORDER ADOPTING JUDGE HALLMAN’S FINDINGS AND RECOMMENDATION v. DEB HAALAND, Secretary, Department of the Interior, in her official capacity; TRACY STONE-MANNING, Director, Bureau of Land Management, in her official capacity; BARRY BUSHUE, State Director, OregonWashington Bureau of Land Management, in his official capacity; and WAYNE MONGER, District Manager, BLM Vale District Office, in his official capacity, Defendants. IMMERGUT, District Judge. This Court has reviewed de novo the Findings and Recommendation (“F&R”), ECF 26, to which Defendants objected. For the following reasons, the Court ADOPTS Judge Hallman’s F&R. PAGE 1 – OPINION AND ORDER ADOPTING JUDGE HALLMAN’S F&R Dockets.Justia.com LEGAL STANDARDS Under the Federal Magistrates Act (“Act”), as amended, the court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). If a party objects to a magistrate judge’s F&R, “the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” Id. But the court is not required to review, de novo or under any other standard, the factual or legal conclusions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). Nevertheless, the Act “does not preclude further review by the district judge, sua sponte” whether de novo or under another standard. Thomas, 474 U.S. at 154. CONCLUSION This Court has reviewed de novo Judge Hallman’s F&R, to which Defendants objected in its entirety. Judge Hallman’s F&R, ECF 26, is adopted in full. This Court DENIES Defendants’ Motion to Dismiss, ECF 17. IT IS SO ORDERED. DATED this 14th day of June, 2024. /s/ Karin J. Immergut Karin J. Immergut United States District Judge PAGE 2 – OPINION AND ORDER ADOPTING JUDGE HALLMAN’S F&R

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