James v. U.S. Equal Employment Opportunity Commission, No. 3:2018cv01414 - Document 19 (D. Or. 2019)

Court Description: OPINION AND ORDER: Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R 17 as my own opinion. Defendants' Amended Motion to Dismiss 9 is GRANTED, Plaintiff's claims are dismissed with prejudice. Signed on 6/12/19 by Judge Michael W. Mosman. (Mailed to Pro Se party on 6/12/19.) (dls)

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James v. U.S. Equal Employment Opportunity Commission Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION KENNETH E. JAMES, Plaintiff, No. 3:18-cv-01414-AC v. OPINION AND ORDER U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION; Jenny Yang, Chair, Defendants. MOSMAN,J., On April 30, 2019, Magistrate Judge John V. Acosta issued his Findings and Recommendation (F&R) [17], recommending that Defendants' Amended Motion to Dismiss [9] should 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)(l)(C). However, the 1 - OPINION AND ORDER Dockets.Justia.com comi is not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those p01iions 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 paii of the F&R. 28 U.S.C. § 636(b)(l)(C). CONCLUSION Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R [17] as my own opinion. Defendants' Amended Motion to Dismiss [9] is GRANTED, Plaintiffs claims are dismissed with prejudice. IT IS SO ORDERED. DATED this J...2: day of June, 2019. 2 - OPINION AND ORDER

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