Baldin et al v. Wells Fargo Bank, N.A. et al
Filing
203
OPINION AND ORDER: Upon review, I agree with Judge Acostas recommendation and I ADOPT the F&R 199 as my own opinion. Signed on 9/16/15 by Judge Michael W. Mosman. (dls)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
AMY BALDIN, an individual and as sole manager
of Lugano Properties 4, LLC,
Plaintiff,
No. 3:12-cv-00648-AC
v.
OPINION AND ORDER
WELLS FARGO BANK, N.A., a National Bank
registered to do business in Oregon; and
WELLS FARGO HOME MORTGAGE, INC.,
a California corporation registered to do business
in Oregon,
Defendants.
MOSMAN, J.,
On July 22, 2015, Magistrate Judge Acosta issued his Findings and Recommendation
[199], recommending that Defendants’ motion for summary judgment [186] should be
GRANTED. Plaintiff’s objected [201] and Defendants responded [202].
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
1 – OPINION AND ORDER
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 Acosta’s recommendation and I ADOPT the F&R [199]
as my own opinion.
IT IS SO ORDERED.
DATED this
16th
day of September, 2015.
/s/ Michael W. Mosman____
MICHAEL W. MOSMAN
United States District Judge
2 – OPINION AND ORDER
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