Toliver v. Clackamas County Jail et al

Filing 149

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 141 . Defendants' Request for Judicial Notice 126 is Granted and Defendants' Motion for Summary Judgment 128 is Granted. This case is Dismissed with prejudice. Signed on 3/5/20 by Judge Michael W. Mosman. **2 PAGE(S), PRINT ALL**(Derrick Toliver, Prisoner ID: 17384926) (gm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

DERRICK T. TOLIVER,
No. 3:16-cv-02034-JR

Plaintiff,
V.

OPINION AND ORDER

SHARON BRENNAN; et al.,
Defendants,

v.
OREGON DEPARTMENT OF
CORRECTIONS,
Respondent.

MOSMAN,J.,
On November 25, 2019, Magistrate Judge Jolie A. Russo issued her Findings and
Recommendation ("F&R") [ECF 141], recommending that I grant Defendants' Request for
Judicial Notice [ECF 126] and Motion for Summary Judgment [ECF 128]. PlaintiffDen·ick T.
Toliver filed objections [ECF 147], to which Defendants responded [ECF 148].

LEGAL STANDARD
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).
CONCLUSION

Upon review of the F&R, I fully agree with Judge Russo's reasoning and conclusions.
Therefore, I ADOPT the F&R [141] as my own opinion. I GRANT Defendants' Request for
Judicial Notice [126] and I GRANT Defendants' Motion for Summary Judgment [128]. This
case is DISMISSED with prejudice.
IT IS SO ORDERED.
DATED this ~ % o f March, 2020.

2 - OPINION AND ORDER