Prison Legal News v. Umatilla County et al

Filing 57

OPINION AND ORDER: Upon review, I agree with Judge Sullivans recommendation, and I ADOPT the F&R 51 as my own opinion. Signed on 5/16/13 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

PRISON LEGAL NEWS,
No. 2:12-cv-01101-SU
Plaintiff,
OPINION AND ORDER
v.
UMATILLA COUNTY et al.,
Defendants.
MOSMAN, J.,
On February 27, 2013, Magistrate Judge Sullivan issued her Findings and
Recommendation (“F&R”) [51] in the above-captioned case, recommending that plaintiff’s
motion for award of fees and costs [22] be granted. Specifically, she recommended that plaintiff
be awarded attorney fees in the reduced amount of $31,983.80 and costs in the amount of
$779.89. Plaintiff and defendants filed objections [53, 54] and responses to those objections [55,
56].
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
1 – OPINION AND ORDER

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
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 Sullivan’s recommendation, and I ADOPT the F&R
[51] as my own opinion.
IT IS SO ORDERED.
DATED this

16th

day of May, 2013.

/s/ Michael W. Mosman
MICHAEL W. MOSMAN
United States District Judge

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