Gaston v. Facebook, Inc. et al
Filing
13
OPINION AND ORDER: Upon review, I agree with Judge Stewarts recommendation and I ADOPT the F&R 11 as my own order. Signed on 5/9/12 by Judge Michael W. Mosman. (dls)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
KANAL V. GASTON,
No. 3:12-cv-00063-ST
Plaintiff,
OPINION AND ORDER
v.
FACEBOOK, INC., et al.,
Defendants.
MOSMAN, J.,
On April 20, 2012, Magistrate Judge Stewart issued her Findings and Recommendation
(“F&R”) [11] in the above-captioned case, recommending that I dismiss this case with prejudice
due to plaintiff’s failure to timely file an amended complaint. 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 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
1 – OPINION AND ORDER
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 Stewart’s recommendation and I ADOPT the F&R [11]
as my own order.
IT IS SO ORDERED.
DATED this
9th
day of May, 2012.
/s/ Michael W. Mosman
.
MICHAEL W. MOSMAN
United States District Court
2 – OPINION AND ORDER
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