Christian v. Oregon Dept. of Corrections Director et al

Filing 47

OPINION AND ORDER: Upon review, I agree with Judge Hubels recommendation and I ADOPT the F&R 44 as my own opinion. Signed on 11/25/14 by Judge Michael W. Mosman. (dls)

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

LEO JAMES CHRISTIAN,
No. 2:13-cv-00435-HU
Plaintiff,
OPINION AND ORDER
v.
OREGON DEPARTMENT OF
CORRECTIONS DIRECTOR, et al.,
Defendants.
MOSMAN, J.,
On October 7, 2014, Magistrate Judge Hubel issued his Findings and Recommendation
[44], recommending that (1) Defendants’ Motion for Summary Judgment [27] be GRANTED,
(2) declining to exercise supplemental jurisdiction over Plaintiff’s claim under Article I, Section
16 of the Oregon Constitution, and (3) dismissing this action. No objections to the Findings and
Recommendation 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)(1)(C). However, the court
1 – OPINION AND ORDER

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 Hubel’s recommendation and I ADOPT the F&R [44]
as my own opinion.
IT IS SO ORDERED.
DATED this

25th

day of November, 2014.

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

2 – OPINION AND ORDER