Bell v. United States of America, No. 3:2015cv02176 - Document 128 (D. Or. 2018)

Court Description: OPINION AND ORDER: Upon review, and after hearing oral argument on the Motion for Summary Judgment, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 110 as stated on the record. Defendant's Motion for Summary Judgment 100 is DENIED and Plaintiffs Dispositive Motion 99 is also DENIED. This case will proceed to trial. Signed on 4/26/2018 by Judge Michael W. Mosman. (kms)
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Bell v. United States of America Doc. 128 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION JEFFREY BELL, No. 3:15-CV-02176-SB Plaintiff, OPINION AND ORDER v. UNITED STATES OF AMERICA, Defendant. MOSMAN,J., On December 14, 2017, Magistrate Judge Stacie F. Beckerman issued her Findings and Recommendation (F&R) [110], recommending that Defendant's Motion for Summary Judgment [100] should be DENIED and Plaintiffs Dispositive Motion [99] should be DENIED and this case proceed to trial. Defendant objected [116]. Plaintiff did not respond. 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 nova 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 Dockets.Justia.com 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, and after hearing oral argument on the Motion for Summary Judgment, I agree with Judge Beckerman's recommendation and I ADOPT the F&R [110] as stated on the record. Defendant's Motion for Summary Judgment [100] is DENIED and Plaintiffs Dispositive Motion [99] is also DENIED. This case will proceed to trial. IT IS SO ORDERED. DATED this Z6_ day of April, 2018. 2 - OPINION AND ORDER