Dauven et al v. U.S. Bancorp, No. 3:2018cv01637 - Document 18 (D. Or. 2019)

Court Description: OPINION and ORDER - Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R 16 in full. Defendant's Motion to Dismiss 8 is GRANTED. Plaintiffs Complaint is dismissedwith prejudice.IT IS SO ORDERED. DATED this 13th day of June, 2019, by Chief United States District Judge Michael W. Mosman.(Mailed to Pro Se party on 6/14/19.) (peg)

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Dauven et al v. U.S. Bancorp Doc. 18 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION THEODORE (TED) DAUVEN and CHRISTINA DAUVEN, No. 3:18-cv-01637-AC Plaintiffs, OPINION AND ORDER V. U.S. BANCORP, Defendant. MOSMAN,J., On April 11, 2019, Magistrate Judge John V. Acosta issued his Findings and Recommendation (F&R) [16], recommending that I GRANT Defendant's Motion to Dismiss [8]. Neither party objected. 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 court is not required to review, de novo or under any other standard, the factual or legal 1 - OPINION AND ORDER Dockets.Justia.com 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). CONCLUSION Upon review, I agree with Judge Acosta's recommendation and I ADOPT the F&R [16] in full. Defendant's Motion to Dismiss [8] is GRANTED. Plaintiffs Complaint is dismissed with prejudice. IT IS SO ORDERED. DATED this day of June, 2019. MICHAEL W. MOSMAN Chief United States District Judge 2 - OPINION AND ORDER

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