Bell v. United States (VA)

Filing 128

OPINION AND ORDER: Upon review, and after hearing oral argument on the Motion for Summary Judgment, I agree with Judge Beckerman's recommendation and I ADOPT the F&R 110 as stated on the record. Defendant's Motion for Summary Judgment 100 is DENIED and Plaintiffs Dispositive Motion 99 is also DENIED. This case will proceed to trial. Signed on 4/26/2018 by Judge Michael W. Mosman. (kms)

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

JEFFREY BELL,
No. 3:15-CV-02176-SB
Plaintiff,
OPINION AND ORDER
v.

UNITED STATES OF AMERICA,
Defendant.

MOSMAN,J.,
On December 14, 2017, Magistrate Judge Stacie F. Beckerman issued her Findings and
Recommendation (F&R) [110], recommending that Defendant's Motion for Summary Judgment
[100] should be DENIED and Plaintiffs Dispositive Motion [99] should be DENIED and this
case proceed to trial. Defendant objected [116]. Plaintiff did not respond.

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 nova 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

1 - OPINION AND ORDER

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)(l)(C).
Upon review, and after hearing oral argument on the Motion for Summary Judgment, I
agree with Judge Beckerman's recommendation and I ADOPT the F&R [110] as stated on the
record. Defendant's Motion for Summary Judgment [100] is DENIED and Plaintiffs Dispositive
Motion [99] is also DENIED. This case will proceed to trial.

IT IS SO ORDERED.
DATED this

Z6_ day of April, 2018.

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