Murphy, M.D. v. United States of America

Filing 50

OPINION AND ORDER. Upon review, I agree with Judge You's recommendation and ADOPT the F&R 44 as my own opinion. The Government's Motion to Dismiss 15 is GRANTED, and this case is DISMISSED with prejudice. Signed on 6/28/2017 by Chief Judge Michael W. Mosman. (pvh)

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

JAMES MICHAEL MURPHY, M.D.,
No. 3:16-cv-00665-YY
Plaintiff,
OPINION AND ORDER
v.
UNITED STATES OF AMERICA,
Defendant.
MOSMAN, J.,
On March 30, 2017, Magistrate Judge Youlee Yim You issued her Findings and
Recommendation [44], recommending that the Government’s Motion to Dismiss [15] should be
GRANTED. Mr. Murphy objected to the F&R [48], and the Government responded [49].
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
recommendations 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

1 – OPINION AND ORDER

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 with 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 You’s recommendation and ADOPT the F&R [44] as
my own opinion. The Government’s Motion to Dismiss [15] is GRANTED, and this case is
DISMISSED with prejudice.
IT IS SO ORDERED.
DATED this

28th

day of June, 2017.

/s/ Michael W. Mosman_________
MICHAEL W. MOSMAN
Chief United States District Judge

2 – OPINION AND ORDER