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Collins v. Wal-Mart Stores, Inc.

United States District Court, D. Oregon
May 5, 2009
No. CV 07-1780-ST (D. Or. May. 5, 2009)

Opinion

No. CV 07-1780-ST.

May 5, 2009


OPINION AND ORDER


On February 23, 2009, Magistrate Judge Stewart issued Findings and Recommendation ("F R") (#70) in the above-captioned case recommending that defendant's Motion for Summary Judgment (#34) be GRANTED IN PART AND DENIED IN PART. Plaintiff and defendant filed objections to the F R.

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 of 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, under a de novo or 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 of the magistrate judge's F R. 28 U.S.C. § 636(b)(1)(C).

Upon review, I agree with Judge Stewart's recommendation, and I ADOPT the F R (#70) as my own opinion.

IT IS SO ORDERED.


Summaries of

Collins v. Wal-Mart Stores, Inc.

United States District Court, D. Oregon
May 5, 2009
No. CV 07-1780-ST (D. Or. May. 5, 2009)
Case details for

Collins v. Wal-Mart Stores, Inc.

Case Details

Full title:JOY COLLINS, in her capacity as guardian ad item for Paul Collins…

Court:United States District Court, D. Oregon

Date published: May 5, 2009

Citations

No. CV 07-1780-ST (D. Or. May. 5, 2009)

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