Menefee v. Marzelli

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON PORTLAND DIVISION LEANDREW-LARONN MENEFEE, No. 3:24-CV-01337-YY Plaintiff, OPINION AND ORDER Vv.

COMMANDER MARZELLI, DEPUTY GONZALEZ, and WASHINGTON COUNTY JAIL, Defendants.

Baggio, J., On 8/19/2024, Magistrate Judge Youlee Yim You issued her Findings and Recommendation (F&R) ECF [4], recommending that Plaintiff LeAndrew-LaRonn Menefee’s Application to Proceed In Forma Pauperis ECF [1] be denied and this case be dismissed with prejudice. Plaintiff objected. ECF [10].

DISCUSSION The magistrate judge makes only recommendations to the court, to which any party may file written objections. 28 U.S.C. § 636(b)(1)(B), (C). If a party objects, the court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendation to which objection is made.” /d@. § 636(b)(1)(C). The court is not, however, —-OPINION AND ORDER 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. Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Ramos, 65 F 4th 427, 433 (9th Cir. 2023). While the level of scrutiny that the court applies to its F&R review depends on whether a party has filed objections, the court is free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C); see also Thomas, 474 U.S. at 154.

Upon review, I agree with Judge You’s recommendation, and | ADOPT the F&R ECF [4] in full. Plaintiff's Application to Proceed In Forma Pauperis ECF [1] is DENIED and this case is DISMISSED with prejudice.

IT IS SO ORDERED.

DATED this © 1 of October, 2024. f M. fe bh United States District Judge OPINION AND ORDER