Scott v. Myrick et al

Filing 80

OPINION AND ORDER: Upon review, I agree with Judge You's recommendation and I ADOPT the F&R 77 as my own opinion. Defendants' Partial Motion for Summary Judgment 58 and Motion for Summary Judgment 63 are GRANTED. Signed on 12/8/17 by Judge Michael W. Mosman. **2 PAGE(S), PRINT ALL**(Everett Scott, Prisoner ID: 3508819) (dsg)

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

EVERETT JAMES SCOTT,
No. 2:16-cv-00618-YY
Plaintiff,
OPINION AND ORDER

v.
JOHN MYRICK, et al.,
Defendants.

MOSMAN,J.,
On September 18, 2017, Magistrate Judge Youlee Yim You issued her Findings and
Recommendation (F&R) [77], recommending that Defendants' Partial Motion for Summary
Judgment [58] and Motion for Summary Judgment [63] should be GRANTED. Plaintiff Scott
did not file 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 corut 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)(l)(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)(l)(C).
Upon review, I agree with Judge You's recommendation and I ADOPT the F&R [77] as
my own opinion. Defendants' Partial Motion for Summary Judgment [58] and Motion for
Sunnnary Judgment [63] are GRANTED

IT IS SO ORDERED.
DATEDthis

f) ~ofDecember,2017.

ates District Judge

2 - OPINION AND ORDER