Opinion

Forter v. Brown

Court
District Court, D. Oregon
Filed
May 5, 2022
Cited by
0 cases
Authority
More cited than 28.7%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

EUGENE DIVISION

JEFFREY D. FORTER, et al.,

Plaintiffs, No. 6:21-cv-00478-SB

V.

_« OPINION AND ORDER

GOVERNOR KATE BROWN, et al., ~

Defendants.

MOSMAN, J.,

On February 3, 2022, Magistrate Judge Stacie F. Beckerman issued her Findings and.

Recommendation (“F. & R.”) [ECF 29]. Judge Beckerman recommends that I deny the Motion

to Remand. Objections were due on February 17, 2022, but none were filed. I agree with Judge -

Beckerman.

STANDARD OF REVIEW

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 y. 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 Beckerman’s recommendation, I ADOPT her F. & R.

[ECF 29] as my own opinion, and I DENY the Motion to Remand [ECF 5].

IT IS SO ORDERED.

DATED this sk, of May, 2022.

MICHAEL W/MOSMAN

Seniot United Stites District Judge

2 — OPINION AND ORDER

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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