Buckman v. Hall

Filing 53

OPINION AND ORDER: Upon review, I agree with Judge Hubel's recommendation, and I ADOPT the F&R (#45) as my own opinion 46 . Signed on 1/23/09 by Judge Michael W. Mosman. (dls)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON JOHN R. BUCKMAN, No. CV 07-141-HU Petitioner, OPINION AND ORDER v. GUY HALL, Respondent. MOSMAN, J., On September 30, 2008, Magistrate Judge Hubel issued Findings and Recommendation ("F&R") (#45) in the above-captioned case recommending that I GRANT petitioner's Motion to Expand the Record (#28) as to Exhibits 1, 4 through 15, and petitioner's affidavit, and DENY petitioner's Motion to Expand the Record (#28) as to Exhibits 2 and 3. 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 PAGE 1 - OPINION & ORDER 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 Hubel's recommendation, and I ADOPT the F&R (#45) as my own opinion. IT IS SO ORDERED. DATED this 23rd day of January, 2009. /s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court PAGE 2 - OPINION & ORDER

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