Carpenter v. Haggen OPCO North, dba, Haggen 2083

District Court, D. Oregon

Carpenter v. Haggen OPCO North, dba, Haggen 2083

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MEDFORD DIVISION

DAVID M. CARPENTER, Case No. 1:15-cv-01569-CL OPINION AND ORDER Plaintiff,

vs.

HAGGEN OPCO NORTH, dba, HAGGEN #2083,

DEFENDANT.

AIKEN, District Judge: Magistrate Judge Mark D. Clarke filed his Findings and Recommendation (“F&R”) (doc. 22) on April 3, 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,

2012 WL 1598239

, *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 v. 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. 22). Dated this 2_7_t_h_ day of April 2020.

________/s_/_A_n__n_ A__ik__e_n_______ Ann Aiken United States District Judge

Reference

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