Doe et al v. Lake Oswego School District et al

Filing 63

OPINION AND ORDER: Upon review, I agree with Judge Stewarts recommendation and I ADOPT the F&R 54 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

TAISSA ACHCAR-WINKELS, RAY
ACHCAR-WINCKELS, individually and as
Parents and Next Friends of S.A., a minor,
No. 3:15-cv-00385-ST
Plaintiffs,
OPINION AND ORDER
v.
LAKE OSWEGO SCHOOL DISTRICT, an
Oregon municipal corporation; HEATHER
BECK, an individual; IAN LAMONT, an
individual; KAYLA NORDLUM, an
individual; SUZANNE YOUNG, an
individual; and UNKNOWN STAFF,
unknown individuals,
Defendants.

MOSMAN, J.,
On August 21, 2015, Magistrate Judge Janice Stewart issued her Findings and
Recommendation (F&R) [54], recommending that Defendant Suzanne Young’s Motion to
Dismiss [38] should be GRANTED. 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

1 – OPINION AND ORDER

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
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 [54]
as my own opinion.
IT IS SO ORDERED.
DATED this

15th

day of September, 2015.

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

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