Stringham v. Bush

Filing 13

OPINION AND ORDER. I agree with Judge Beckerman's recommendation and I ADOPT the F&R 7 as my own opinion. The Complaint 1 is DISMISSED with prejudice. Signed on 3/21/2018 by Judge Michael W. Mosman. (Copy mailed to Plaintiff.) (gw)

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

HEATHER STRINGHAM,
No. 3:17-cv-01641-SB
Plaintiff,
OPINION AND ORDER

v.

GEORGE W. BUSH,
Defendant.

MOSMAN,J.,
On February 2, 2018, Magistrate Judge Stacie F. Beckerman issued her Findings and
Recommendation (F&R) [7], recommending that the Complaint [1] should be dismissed sua
sponte with prejudice. Plaintiff filed objections [9, 11].

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 review, I agree with Judge Beckerman's recommendation and I ADOPT the F&R
[7] as my own opinion. The Complaint [1] is DISMISSED with prejudice.
IT IS SO ORDERED.
DATED this

day of March, 2018.

Chief United Stat

2 - OPINION AND ORDER