Opinion

Reyes v. Washburn

Court
District Court, D. Oregon
Filed
Jan 30, 2024
Cited by
0 cases
Authority
More cited than 28.8%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JUAN MANUEL REYES, Case No. 2:21-cv-01175-SB

Plaintiff, OPINION AND ORDER ADOPTING

JUDGE BECKERMAN’S FINDINGS

v. AND RECOMMENDATION

GRANTING IN PART AND DENYING

SUSAN WASHBURN, Superintendent of IN PART DEFENDANTS’ MOTION

EOCI, ANDREA NEISTADT, Assistant TO DISMISS

Superintendent of EOCI, L. LEGORE, Law

Library Supervisor of EOCI, C. BOLLES,

Law Library Coordinator, CAPT. J.

WALKER, Operations Capt., CAPT. T.

STEWART, Institutional Capt., P.

VILLERS, Law Library Coordinator of

E.O.C.I., and MS. M. JOHNSON, Law

Library Coordinator of E.O.C.I.,

Defendants.

Juan Manuel Reyes, 21302533, Eastern Oregon Correctional Institute, 2500 Westgate,

Pendleton, OR 97801. Pro Se.

Molly K. Honore, Chad A. Naso, Jermaine Brown, Kerry J. Shepherd, R. Kyle Busse, and April

Stone, Markowitz Herbold PC, 1455 SW Broadway, Suite 1900, Portland, OR 97201. Attorneys

for Defendants.

IMMERGUT, District Judge.

This Court has reviewed de novo the portions of Judge Beckerman’s Findings and

Recommendation (“F&R”) to which Plaintiff objected. See ECF 70. Defendants did not object to

the F&R. See ECF 74 at 7 (“Defendants do not object to the Findings and Recommendation.”).

Following its review, this Court ADOPTS Judge Beckerman’s F&R, ECF 63.

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 that are not

objected to. 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

Judge Beckerman’s F&R, ECF 63, is adopted in full. This Court GRANTS in part and

DENIES in part Defendants’ Motion to Dismiss, ECF 50. Plaintiff has thirty (30) days to file a

Third Amended Complaint.

IT IS SO ORDERED.

DATED this 30th day of January, 2024.

/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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