Burge v. Colton School District 53, No. 3:2014cv00605 - Document 43 (D. Or. 2015)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Stewarts recommendation and I ADOPT the F&R 41 as my own opinion. Signed on 7/21/2015 by Judge Michael W. Mosman. (dls)

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Burge v. Colton School District 53 Doc. 43 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION BRAEDEN BURGE by and through his guardian ad litem KELLY BURGE, No. 3:14-00605-ST Plaintiff, OPINION AND ORDER v. COLTON SCHOOL DISTRICT 53, Defendant. MOSMAN, J., On July 2, 2015, Magistrate Judge Stewart issued her Findings and Recommendation (F&R) [41], recommending that Plaintiff’s Motion for Attorney Fees and Costs [31] should be GRANTED and that Plaintiff should be awarded his attorney fees in the reduced sum of $64,925.20 and his costs in the amount of $1,350.00. No objections to the Findings and Recommendation 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 1 – OPINION AND ORDER Dockets.Justia.com 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)(1)(C). Upon review, I agree with Judge Stewart’s recommendation and I ADOPT the F&R [41] as my own opinion. IT IS SO ORDERED. 21st DATED this ___ day of July, 2015. /s/ Michael W. Mosman ________________________ MICHAEL W. MOSMAN United States District Judge 2 – OPINION AND ORDER

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