Burge v. Colton School District 53

Filing 43

OPINION AND ORDER: Upon review, I agree with Judge Stewarts recommendation and I ADOPT the F&R 41 as my own opinion. Signed on 7/21/2015 by Judge Michael W. Mosman. (dls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

BRAEDEN BURGE by and through his
guardian ad litem KELLY BURGE,
No. 3:14-00605-ST
Plaintiff,
OPINION AND ORDER
v.
COLTON SCHOOL DISTRICT 53,
Defendant.
MOSMAN, J.,
On July 2, 2015, Magistrate Judge Stewart issued her Findings and Recommendation
(F&R) [41], recommending that Plaintiff’s Motion for Attorney Fees and Costs [31] should be
GRANTED and that Plaintiff should be awarded his attorney fees in the reduced sum of
$64,925.20 and his costs in the amount of $1,350.00. No objections to the Findings and
Recommendation 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 addressed. See
1 – OPINION AND ORDER

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 [41]
as my own opinion.
IT IS SO ORDERED.
21st
DATED this ___ day of July, 2015.

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

2 – OPINION AND ORDER