Norland v. Oregon Pretrial Services et al
Filing
123
OPINION AND ORDER: Upon review, I agree with Judge Stewart's recommendation, and I ADOPT the F&R 119 as my own opinion. The case is dismissed with prejudice for failure to prosecute. Signed on 1/15/2010 by Judge Michael W. Mosman. (dls)
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
RICHARD NORLAND,
No. CV 05-6312-ST OPINION AND ORDER
Plaintiff, v. STATE OF OREGON, et al., Defendants. MOSMAN, J., On December 22, 2009, Magistrate Judge Stewart issued Findings and Recommendation ("F&R") (#119) in the above-captioned case recommending that this case be dismissed with prejudice for want of prosecution. No objections 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 of 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, under a de novo or 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 of the magistrate judge's F&R. 28 U.S.C. § 636(b)(1)(C). Upon review, I agree with Judge Stewart's recommendation, and I ADOPT the F&R (#119) as my own opinion. The case is dismissed with prejudice for failure to prosecute.
IT IS SO ORDERED.
DATED this 15th
day of January, 2010. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court
PAGE 2 OPINION AND ORDER
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
