Kelly et al v. U.S. Bank et al

Filing 262

OPINION AND ORDER: Upon review, I agree with Judge Acosta's recommendation, and I ADOPT the F&R 218 as my own opinion, 51 , 94 and 129 . Signed on 10/14/2010 by Judge Michael W. Mosman. (dls)

Kelly et al v. U.S. Bank et al

Doc. 262

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

ROBERTA KELLY and D. LAWRENCE OLSTAD, No. CV 08-1421-AC Plaintiffs, OPINION AND ORDER v. U.S. BANK; BISHOP, WHITE & MARSHALL, P.S., a Washington Professional Services Company; and KRISTA WHITE, Defendants.

MOSMAN, J., On July 30, 2010, Magistrate Judge Acosta issued Findings and Recommendation ("F&R") (#218) in the above-captioned case recommending that: U.S. Bank's Motion to Strike (#129) should be granted in part and denied in part; U.S. Bank's Motion for Summary Judgment (#51) should be granted; and U.S. Bank's Motion for Summary Judgment Foreclosure Claim (#94) should be granted. Roberta Kelly filed objections to the F&R (#220), and U.S. Bank filed a response to those objections (#236). 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,

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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 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 Acosta's recommendation, and I ADOPT the F&R (#218) as my own opinion. IT IS SO ORDERED. DATED this 14th day of October, 2010.

/s/ Michael W. Mosman MICHAEL W. MOSMAN United States District Court

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