Allinger v. United States Federal Government

District Court, D. Oregon

Allinger v. United States Federal Government

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON PORTLAND DIVISION DEBRA K. ALLINGER, No. 3:24-cv-01367-SB Plaintiff, OPINION AND ORDER v. UNITED STATES FEDERAL GOVERNMENT, Defendant. BAGGIO, J., On 8/20/2024, Magistrate Judge Stacie F. Beckerman issued her Findings and Recommendation (F&R) [ECF 5], recommending that the Court dismiss Plaintiff’s complaint without prejudice but without leave to re-file in the District of Oregon because venue is improper in this district. Plaintiff objected on 9/16/2024. [ECF 8]. 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). 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.”

Id.

§ 636(b)(1)(C). The court is not, however, 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 USS. at 154. Upon review, the Court agrees with Judge Stacie F. Beckerman’s recommendation and ADOPTS the F&R [ECF 5] in full. IT IS SO ORDERED. DATED this 21Stday of October, 2024.

Amy M. Bagger AMY M. BAGGI United States District Judge

2 — OPINION AND ORDER

Reference

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