Boffoli v. Swalko, No. 3:2016cv01463 - Document 28 (D. Or. 2018)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Yous recommendation, and I ADOPT the F&R 23 as my own opinion. Mr. Swalkos Motion for Summary Judgment 12 is DENIED. Signed on 3/30/2018 by Judge Michael W. Mosman. (kms)

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Boffoli v. Swalko Doc. 28 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION ANASTASIA BOFFOLI, No. 3:16-cv-01463-YY Plaintiff, OPINION AND ORDER v. MARK SWALKO, Defendant. MOSMAN, J., On January 22, 2018, Magistrate Judge Youlee Yim You issued her Findings and Recommendation (F&R) [23], recommending that Defendant Mr. Swalko’s Motion for Summary Judgment [12] should be DENIED. Mr. Swalko objected [27]. Ms. Boffoli 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 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 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)(1)(C). Upon review, I agree with Judge You’s recommendation, and I ADOPT the F&R [23] as my own opinion. Mr. Swalko’s Motion for Summary Judgment [12] is DENIED. IT IS SO ORDERED. DATED this 30th day of March, 2018. /s/Michael W. Mosman _______________________ MICHAEL W. MOSMAN Chief United States District Judge 2 – OPINION AND ORDER

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