Opinion

Wickizer v. Crim

Court
District Court, D. Oregon
Filed
Feb 23, 2022
Cited by
0 cases
Authority
More cited than 28.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

LAURA WICKIZER, Case No. 3:18-cv-01816-AC

Plaintiff, ORDER

v.

DR. CATHERINE E. CRIM, Personally,

DR. S. SHELTON, Personally, D. BROWN,

Personally,

Defendants.

IMMERGUT, District Judge.

On February 2, 2022, Magistrate Judge John V. Acosta issued his Findings and

Recommendation (“F&R”). ECF 124. The F&R recommends that this Court grant Defendants’

motion for summary judgment, ECF 104, and dismiss this action with prejudice. No party filed

objections. For the following reasons, the Court ADOPTS Judge Acosta’s F&R.

STANDARDS

Under the Federal Magistrates Act (“Act”), as amended, the court may “accept, reject, or

modify, in whole or in part, the findings or recommendations made by the magistrate judge.”

28 U.S.C. § 636(b)(1). If a party objects to a magistrate judge’s F&R, “the court shall make a de

novo determination of those portions of the report or specified proposed findings or

recommendations to which objection is made.” Id. But the court is not required to review, de

novo or under any other standard, the factual or legal conclusions of the F&R to which no

objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149–50 (1985); United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). Nevertheless, the Act “does not

preclude further review by the district judge, sua sponte” whether de novo or under another

standard. Thomas, 474 U.S. at 154.

CONCLUSION

No party having filed objections, this Court has reviewed the F&R and accepts Judge

Acosta’s conclusions. The F&R, ECF 124, is adopted in full. Defendants’ Motion for Summary

Judgment, ECF 104, is GRANTED, and this action is DISMISSED with prejudice.

IT IS SO ORDERED.

DATED this 23rd day of February, 2022.

/s/ Karin J. Immergut

Karin J. Immergut

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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