Reginald Marcel Johnson v. Dr. Garth Gullick, Snake River Correctional Health...

District Court, D. Oregon

Reginald Marcel Johnson v. Dr. Garth Gullick, Snake River Correctional Health...

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

REGINALD MARCEL JOHNSON, Case No. 2:24-cv-00941-AR

Plaintiff, ORDER ADOPTING FINDINGS AND RECOMMENDATION v.

DR. GARTH GULLICK, Snake River Correctional Health Care Provider, in his Individual Capacity; DR. MICHAEL ADCOX, Contract Nephrologist for Snake River Correctional, in his Individual Capacity; and DR. WARREN ROBERTS, Oregon Department of Corrections Medical Director, in his Individual Capacity,

Defendants.

IMMERGUT, District Judge.

No objections to Judge Armistead’s Findings and Recommendation (“F&R”), ECF 56, have been filed. For the following reasons, the Court ADOPTS the 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)(C). 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 Judge Armistead’s F&R, ECF 56, is adopted in full. This Court DISMISSES all claims against Defendant Adcox without prejudice and with leave to amend.

IT IS SO ORDERED.

DATED this 12th day of November, 2025.

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

Reference

Full Case Name
Reginald Marcel Johnson v. Dr. Garth Gullick, Snake River Correctional Health Care Provider, in his Individual Capacity; Dr. Michael Adcox, Contract Nephrologist for Snake River Correctional, in his Individual Capacity; and Dr. Warren Roberts, Oregon Department of Corrections Medical Director, in his Individual Capacity
Status
Unknown