State of Oregon and Cory Hultz v. Cherlynn Costner

Summary

The United States District Court for the District of Oregon adopted a magistrate judge’s Findings and Recommendation recommending remand to state court. The court denied the defendant’s application to proceed in forma pauperis and denied as moot the plaintiffs’ motions to remand and for appointment of counsel.

Holdings

1. The district court may review untimely objections and, after reviewing the relevant portions of the record de novo, may adopt the magistrate judge's Findings and Recommendation when no basis exists to modify it.
2. The court adopted the Findings and Recommendation, remanded the cases to state court, denied Defendant's in forma pauperis application, and denied Hultz's motions as moot.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Findings and Recommendation despite Defendant's untimely objections.
2. What standard of review applies to objected-to and unobjected-to portions of a magistrate judge's Findings and Recommendation.
3. Whether the cases should be remanded to state court and the related motions resolved as recommended.

Disposition

remanded