State Farm Mutual Auto Insurance Company v. United States Postal Service et al, No. 3:2010cv00207 - Document 29 (D. Or. 2011)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Hubels recommendation. I ADOPT the F&R 27 as my own opinion, and I GRANT defendants Motion to Dismiss 21 . Signed on 4/7/2011 by Judge Michael W. Mosman. (dls)

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State Farm Mutual Auto Insurance Company v. United States Postal Service et al Doc. 29 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON P ORTLAND DIVISION STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, as subrogee of Ruth E. Mullen, CV 10-207-HU Plaintiff, OPINION AND ORDER v. UNITED STATES OF AMERICA, Defendant. MOSMAN, J., On March 15, 2011, Magistrate Judge Hubel issued his Findings and Recommendation ( F&R ) (#27) in the above-captioned case recommending that the defendant s Motion to Dismiss (#21) be granted. No objections 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 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 Dockets.Justia.com (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 of the magistrate judge s F&R. 28 U.S.C. § 636(b)(1)(C). Upon review, I agree with Judge Hubel s recommendation. I ADOPT the F&R (#27) as my own opinion, and I GRANT defendant s Motion to Dismiss (#21). IT IS SO ORDERED. DATED this 7th day of April, 2011. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court

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