Sweet v. Clark County WA Office of Indigent Defense et al

Filing 29

OPINION AND ORDER. Upon review, I agree with Judge You's recommendation and I ADOPT the F&R 26 in full. Plaintiff's motion for summary judgment 17 is DENIED, Defendants' motion to dismiss 19 is GRANTED, and this case is DISMISSED without prejudice. IT IS SO ORDERED. Signed on 7/20/2018 by Chief Judge Michael W. Mosman. (pvh)

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

DIANE R. SWEET,
No. 3:18-cv-00124-YY
Plaintiff,
OPINION AND ORDER
v.
CLARK COUNTY WA OFFICE OF
INDIGENT DEFENSE, General Services
Department, Clark County WA, ANN
CHRISTIAN, Clark County WA Indigent
Defense Manager, and ANGELA COLAIUTA,
Clark County WA Indigent Defense
Coordinator,
Defendants.

MOSMAN,J.,
On June 19, 2018, Magistrate Judge Youlee Yim You issued her Findings and
Recommendation (F&R) [26], recommending that Plaintiffs motion for summary judgment [17]
should be denied, Defendants' motion to dismiss [19] should be GRANTED, and this case
should be dismissed. No party objected.
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,

1 - OPINION AND ORDER

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
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 You' s recommendation and I ADOPT the F &R [26] in
full. Plaintiffs motion for summary judgment [17] is DENIED, Defendants' motion to dismiss
[19] is GRANTED, and this case is DISMISSED without prejudice.
IT IS SO ORDERED.
DATED this

day of July, 2018.

2 - OPINION AND ORDER