Harrison v. Portfolio Recovery Associates, LLC et al

Filing 40

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 38 . Plaintiff's Motion for Attorney Fees and Costs 25 and Plaintiff's Bill of Costs 28 are Granted in the total amount of $9,639.68. Signed on 3/28/16 by Chief Judge Michael W. Mosman. (gm)

1N THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

CHRISTINA R. HARRISON,
No. 3:15-cv-00454-PK
Plaintiff,
OPINION AND ORDER
v.
PORTFOLIO RECOVERY ASSOCIATES,
LLC and JOHNSON MARK LLC,
Defendants.
MOSMAN,J.,
On Febrnary 23, 2016, Magistrate Judge Papak issued his Findings and Recommendation
(F&R) [38], recommending Plaintiffs Motion for Attorney Fees and Costs [25] and Plaintiffs
Bill of Costs [28] should be GRANTED in the total amount of$9,639.68. No objections to the
Findings and Recommendation were filed.
DISCUSSION
The magistrate judge makes only recommendations to the comt, to which any pmiy 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 comt is generally required to
make a de nova determination regarding those portions of the repo1t or specified findings or
recommendation as to which an objection is made. 28 U.S.C. § 636(b)(l)(C). However, the court
is not required to review, de nova 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
1 - OPINION AND ORDER

(9th Cir. 2003). While the level of scrntiny 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)(l)(C).
Upon review, I agree with Judge Papak's recommendation and I ADOPT the F&R [38]
as my own opinion.
IT IS SO ORDERED.
DATED this ~ay of March, 2016.

2 - OPINION AND ORDER