Wilson v. Department of Human Services

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF.-OREGON PORTLAND DIVISION MELVIA WILSON, Plaintiff, V. No. 3:20-cv-1819-JR STATE OF OREGON, DEPARTMENT OPINION AND ORDER OF HUMAN SERVICES, et al., Defendants.

MOSMAN, J., □ On March 4, 2021, Magistrate Judge Jolie A Russo issued her Findings and Recommendation (F. & R.) [ECF 23]. Judge Russo recommended that I grant Multnomah County Defendants’ Motion to Dismiss [ECF 9], grant the State of Oregon Defendants’ Partial Motion to Dismiss [ECF 10], and give Plaintiff leave to amend her complaint. No objections were filed. Upon review, I agree with Judge Russo.

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 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 — OPINION AND ORDER is not required to review, de novo or under 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 vy. 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 Russo’s findings and recommendation and | ADOPT the F. & R. [ECF 23]. ] GRANT the Multnomah County Defendants’ Motion to Dismiss [ECF 9] and GRANT the State of Oregon Defendants’ Partial Motion to Dismiss [ECF 10]. Plaintiff is granted leave to amend her complaint.

IT IS SO ORDERED. ose DATED this (/_ day of April, 2021.

\WMofire United States District Judge □ 2-OPINION AND ORDER