Woods et al v. Staton et al

Filing 69

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 61 . Defendants' Motion for Summary Judgment 30 is Granted and Plaintiffs' claims are Dismissed with prejudice. Signed on 8/23/17 by Judge Michael W. Mosman. (gm)

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

LAURENCE WOODS and
CLIFFORD LUCAS
No. 3:15-cv-02169-PK
Plaintiffs,
OPINION AND ORDER
v.

SHERIFF D. STATON and
CHAPLAIN KYLE
Defendants.

MOSMAN,J.,
On June 2, 2017, Magistrate Judge Paul Papak issued his Findings and Recommendation
("F&R") [61], recommending that Defendants' Motion for Summary Judgment [30] should be
GRANTED. Plaintiff Woods objected [64] and Defendants responded [65].

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)(l)(C). However, the court
is not required to review, de novo or under any other standard, the factual or legal conclusions of

1 - OPINION AND ORDER

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)(l)(C).
Upon careful review, I agree with Judge Papak's recommendation and ADOPT the F&R
[61] as my own opinion. Defendants' Motion for Summary Judgment [30] is GRANTED and
Plaintiffs' claims are DISMISSED with prejudice.

IT IS SO ORDERED.
DATED this __Qday of August, 2017.

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