Atcherson v. Kelly

District Court, D. Oregon

Atcherson v. Kelly

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION

GEOFFREY ATCHERSON, Case No. 6:19-cv-00079-CL OPINION AND ORDER Petitioner, vs, BRANDON KELLY, Respondent.

AIKEN, District Judge: Magistrate Judge Mark D. Clarke filed his Findings and Recommendation (“F&R”) (doc. 30) on February 20, 2020. The matter is now before me. See

28 U.S.C. § 636

(b); Fed. R. Civ. P. 72. No objections have been timely filed. Although this relieves me of my obligation to perform a de novo review, I retain the obligation to “make an informed, final determination.” Britt v. Simi Valley Unified Sch. Dist.,

708 F.2d 452

, 454 (9th Cir. 1983), overruled on other grounds, United States v. Reyna- Tapia,

328 F.3d 1114, 1121-22

(9th Cir. 2003) (en banc). The Magistrates Act does not specify a standard of review in cases where no objections are filed. Ray v. Astrue,

Page 1- OPINION AND ORDER

2012 WL 15982389

, *1 (D. Or. May 7, 2012). Following the recommendation of the Rules Advisory Committee, I review the F&R for “clear error on the face of the record[.]” Fed. R. Civ. P. 72 advisory committee’s note (1983) (citing Campbell v. United States District Court,

501 F.2d 196, 206

(9th Cir. 1974)); see also United States Vonn,

535 U.S. 55

, 64 n.6 (2002) (stating that, “[i]n the absence of a clear legislative mandate, the Advisory Committee Notes provide a reliable source of insight into the meaning of” a federal rule). Having reviewed the file of this case, I find no clear error. THEREFORE, IT IS HEREBY ORDERED that I ADOPT Judge Clarke’s F&R (doc. 30). Dated this \\Paay of March 2020.

Oss Ann Aiken United States District Judge

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Reference

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