Toliver v. Clackamas County Jail et al

Filing 90

OPINION & ORDER: Adopting the Magistrate's Findings and Recommendation 84 . Defendant Roberts' Motion to Dismiss for Failure to State a Claim 80 is Denied as Moot. Signed on 10/22/18 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
PORTLAND DIVISION

DERRICK T. TOLIVER,
No. 3:16-cv-02034-JR
Plaintiff,
OPINION AND ORDER
v.
CORIZON HEALTH, SHARON BRENNAN,
MANDY, and CRAIG ROBERTS,
Defendants.

MOSMAN, J.,
On September 5, 2018, Magistrate Judge Paul Papak issued his Findings and
Recommendation (F&R) [84], recommending that Defendant Roberts’ Motion to Dismiss for
Failure to State a Claim [80] be denied as moot. No objections were filed.
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)(1)(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)(1)(C).
CONCLUSION
Upon review, I agree with Judge Papak’s recommendation and I ADOPT the F&R [84] in
full. Defendant Roberts’ Motion to Dismiss for Failure to State a Claim [80] is DENIED as
moot.
IT IS SO ORDERED.
22
DATED this ____ day of October, 2018.

/s/ Michael W. Mosman
_______________________

MICHAEL W. MOSMAN
Chief United States District Judge

2 – OPINION AND ORDER