Sharma v. U.S Department of Agriculture (USDA)

District Court, D. Oregon

Sharma v. U.S Department of Agriculture (USDA)

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

DONALD SHARMA, (Owner) Stop N Go Case No. 3:21-cv-00810-AC Mini Mart, ORDER Plaintiff,

v.

UNITED STATES OF AMERICA,

Defendant.

IMMERGUT, District Judge.

On September 16, 2021, Magistrate Judge John V. Acosta issued his Findings and Recommendation (“F&R”). ECF 16. The F&R recommends that this Court grant Defendant’s motion for summary judgment. No party filed objections. For the following reasons, the Court ADOPTS Judge Acosta’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). 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 and accepts Judge Acosta’s conclusions. The F&R, ECF 16, is adopted in full. Defendant’s motion for summary judgment, ECF 11, is GRANTED, and this action is DISMISSED with prejudice.

IT IS SO ORDERED.

DATED this 25th day of October, 2021.

/s/ Karin J. Immergut Karin J. Immergut United States District Judge

Reference

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