French v. US Dept. of Justice et al

Filing 17

OPINION AND ORDER: Adopting Findings and Recommendation 8 . Signed on 09/19/2016 by Judge Michael W. Mosman. (rsm)

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

TONY FRENCH,
No. 2:15-cv-01521-CL
Plaintiff,
OPINION AND ORDER
v.
U.S. DEPARTMENT OF JUSTICE, ET AL.,
Defendants.
MOSMAN, J.,
On December 11, 2015, Magistrate Judge Clarke issued his Findings and
Recommendation [8], recommending that Plaintiff’s Amended Complaint [7] should be
DISMISSED with prejudice for failure to state a claim. Plaintiff objected [10], and shortly
thereafter, filed an appeal with the Ninth Circuit [11]. Citing its lack of jurisdiction, the Ninth
Circuit failed to consider the appeal and sent the case back to this Court for consideration [12].
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 careful review, I agree with Judge Clarke’s recommendation and I ADOPT the
F&R [8] as my own opinion.
IT IS SO ORDERED.
19
DATED this ______ day of September, 2016.

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

2 – OPINION AND ORDER