Beliz v. U.S.P.S. Tigard Branch Station, No. 3:2018cv01118 - Document 11 (D. Or. 2018)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Yous recommendation and I ADOPT the F&R 7 in full as my own opinion. The decision is AFFIRMED. I agree with Judge You that this court lacks jurisdiction according to 28 U.S.C. § 2680(b), and thus I DISMISS this case with prejudice. Signed on 9/13/2018 by Judge Michael W. Mosman. (kms)

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Beliz v. U.S.P.S. Tigard Branch Station Doc. 11 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION MANUEL BELIZ, No. 3:18-cv-01118-YY Plaintiff, OPINION AND ORDER v. U.S.P.S. TIGARD BRANCH STATION, Defendant. MOSMAN, J., On July 7, 2018, Magistrate Judge Youlee Yim You issued her Findings and Recommendation (F&R) [7], recommending that Plaintiff’s Complaint [1] should be dismissed with prejudice. Plaintiff objected [10] to Judge You’s F&R. 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 You’s recommendation and I ADOPT the F&R [7] in full as my own opinion. The decision is AFFIRMED. I agree with Judge You that this court lacks jurisdiction according to 28 U.S.C. § 2680(b), and thus I DISMISS this case with prejudice. IT IS SO ORDERED. 13th day of September, 2018. DATED this ____ /s/Michael W. Mosman _______________________ MICHAEL W. MOSMAN Chief United States District Judge 2 – OPINION AND ORDER

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