Opinion

Slater v. Brown

Court
District Court, D. Oregon
Filed
Sep 5, 2023
Cited by
0 cases
Authority
More cited than 28.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

TREMAYNE OMAR SLATER, Case No. 3:21-cv-00229-SB

Plaintiff, ORDER ADOPTING F&R

v.

KATE BROWN, et al.,

Defendants.

IMMERGUT, District Judge.

On August, 10, 2023, Judge Stacie F. Beckerman issued her Findings and

Recommendation ("F&R"), ECF 36, recommending that Defendants' Motion to Dismiss, ECF

32, be GRANTED. No party filed objections. This Court ADOPTS Judge Beckerman’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)(C). 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, ECF 36, and accepts

Judge Beckerman's conclusions. Judge Beckerman's F&R, ECF 36, is adopted in full.

Accordingly, this Court GRANTS Defendants' Motion to Dismiss, ECF 32.

IT IS SO ORDERED.

DATED this 5th day of September, 2023.

/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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.