Alwinger v. Taylor

Filing 30

OPINION AND ORDER: Upon review, I agree with Judge Sullivans recommendation, and I ADOPT the F&R 28 as my own opinion. Signed on 7/30/15 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
JOSHUA THOMAS ALWINGER,
No. 2:14-cv-01218-SU
Petitioner,
Opinion and Order
v.
JERI TAYLOR,
Respondents,
MOSMAN, J.,
On July 2, 2015, Magistrate Judge Sullivan issued her Findings and Recommendation
(“F&R”) [28] in the above-captioned case, recommending that a judgment be entered dismissing
Petitioner Joshua Alwinger’s petition for writ of habeas corpus. Neither party filed objections.
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
the magistrate judge as to those portions of the F&R to which no objections are addressed. See
1 – OPINION AND ORDER

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
[28] as my own opinion.
IT IS SO ORDERED.
DATED this 30

day of July, 2015.

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

2 – OPINION AND ORDER