Cox v. Home Depot #4010

Filing 23

OPINION AND ORDER: Upon review, I agree with Judge Hubels recommendation, and I ADOPT the F&R 16 as my own opinion. Plaintiffs motion to substitute William Evan Johnson as Defendant in place of John Doe 10 is GRANTED. The cause is remanded to Multnomah County Court. Signed on 1/22/14 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION
KERRY COX,
No. 3:13-cv-00587-HU
Plaintiff,
OPINION AND ORDER
v.
HOME DEPOT U.S.A Inc., and
JOHN DOE,
Defendants.
MOSMAN, J.,
On October 23, 2013, Magistrate Judge Hubel issued his Findings and Recommendation
(“F&R”) [16] in the above-captioned case, recommending that Plaintiff’s Motion to Remand [8]
and Motion to Substitute Named Defendant [10] be GRANTED. Defendant objected [19]. I
heard further oral argument on the motions on January 21, 2014 [22].
The magistrate judge makes only recommendations to the court, to which any party may
file written objections. I am not bound by the recommendations of the magistrate judge; instead,
I retain responsibility for making the final determination. I am required to review de novo those
portions of the report or any specified findings or recommendations within it to which an
objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or
1 – OPINION AND ORDER

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 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).
Upon review, I agree with Judge Hubel’s recommendation, and I ADOPT the F&R [16]
as my own opinion. Plaintiff’s motion to substitute William Evan Johnson as Defendant in place
of John Doe [10] is GRANTED. The cause is remanded to Multnomah County Court.
IT IS SO ORDERED.
DATED this

22nd

day of January, 2014.

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

2 – OPINION AND ORDER