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Todd v. Oregon

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Mar 19, 2014
No. 3:13-cv-01859-HU (D. Or. Mar. 19, 2014)

Opinion

No. 3:13-cv-01859-HU

03-19-2014

BOBBY G. TODD, Plaintiff, v. STATE OF OREGON; WASHINGTON COUNTY; and CITY OF PORTLAND, Defendants.


OPINION AND ORDER

MOSMAN, J.,

On February 3, 2014, Magistrate Judge Hubel issued his Findings and Recommendation ("F&R") [5] in the above-captioned case, recommending that plaintiff's application to proceed in forma pauperis [1] be granted, plaintiff's motion for appointment of pro bono counsel [3] be denied, and this action be dismissed without service of process and with prejudice. 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). 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)(1)(C).

Upon review, I agree with Judge Hubel's recommendation, and I ADOPT the F&R [5] as my own opinion.

IT IS SO ORDERED.

__________

MICHAEL W. MOSMAN

United States District Judge


Summaries of

Todd v. Oregon

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION
Mar 19, 2014
No. 3:13-cv-01859-HU (D. Or. Mar. 19, 2014)
Case details for

Todd v. Oregon

Case Details

Full title:BOBBY G. TODD, Plaintiff, v. STATE OF OREGON; WASHINGTON COUNTY; and CITY…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION

Date published: Mar 19, 2014

Citations

No. 3:13-cv-01859-HU (D. Or. Mar. 19, 2014)

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