Summers v. Oregon Department of Corrections et al

Filing 50

OPINION AND ORDER: Upon review, I agree with Judge Beckermans recommendation and I ADOPT the F&R 48 as my own opinion. Signed on 9/24/15 by Judge Michael W. Mosman. (dls)

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

MICHAEL DEAN SUMMERS,
No. 2:14-cv-00312-SB
Plaintiff,
OPINION AND ORDER
v.
OREGON DEPARTMENT OF CORRECTIONS;
Dr. THOMAS BRISTOL; Dr. DEGNER;
X-RAY TECH II DANA FLEENER;
Dr. SHELDON,
Defendants.

MOSMAN, J.,
On September 2, 2015, Magistrate Judge Beckerman issued her Findings and
Recommendation (F&R) [48], recommending that Defendants’ Motion to Dismiss for Lack of
Prosecution [43] should be GRANTED. 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
is not required to review, de novo or under any other standard, the factual or legal conclusions of
1 – OPINION AND ORDER

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

24th

day of September, 2015.

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

2 – OPINION AND ORDER