Lynch v. Thomas
Filing
21
OPINION AND ORDER: Upon review, I agree with Judge Sullivans recommendation, and I ADOPT the F&R 18 as my own opinion. Signed on 11/2/12 by Judge Michael W. Mosman. (dls)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
RAYMONDO LYNCH,
No. 3:11-cv-01426-SU
Petitioner,
OPINION AND ORDER
v.
J.E. THOMAS,
Respondent.
MOSMAN, J.,
On September 12, 2012, Magistrate Judge Sullivan issued her Findings and
Recommendation (“F&R”) [18] in the above-captioned case recommending that petitioner’s
second amended petition for writ of habeas corpus [11] be dismissed as premature based upon
petitioner’s failure to exhaust his administrative remedies. She also recommended that I enter a
judgment dismissing this action without prejudice to petitioner’s right to refile his pleading after
he has exhausted his administrative remedies. Petitioner objected [20].
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
1 – OPINION AND ORDER
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 part of the F&R. 28 U.S.C. § 636(b)(1)(C).
Upon review, I agree with Judge Sullivan’s recommendation, and I ADOPT the F&R
[18] as my own opinion.
IT IS SO ORDERED.
DATED this
2nd
day of November, 2012.
/s/ Michael W. Mosman____
MICHAEL W. MOSMAN
United States District Judge
2 – OPINION AND ORDER
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