O'Brien v. Josephine County Sheriff's Office

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

TERESA O’BRIEN, Case No. 1:19-cv-01053-CL ORDER Plaintiff, v. JOSEPHINE COUNTY SHERIFF’S OFFICE, a Department of Josephine County, A Political Subdivision of the State of Oregon, et al, Defendants, _______________________________________ AIKEN, District Judge.

Magistrate Judge Mark Clarke filed his Findings and Recommendations (“F&R”) (doc. 50) recommending that plaintiffs’ Motion for Summary Judgment (doc.

18) should be GRANTED, and defendant’s Motion to Dismiss (doc. 32) should be GRANTED in part and DENIED in part. This case is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b).

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 decision.” 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, 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 and Magistrate Judge Clarke’s order, I find no clear error.

Thus, the Court adopts Magistrate Judge Clarke’s F&R (doc. 50) in its entirety.

Defendant’s Motion to Dismiss (doc. 32) is GRANTED in part and DENIED in part as outlined in the F&R. Plaintiff granted leave to file a Second Amended Complaint within 30 days of this order.

IT IS SO ORDERED.

Dated this 2__6_th_ day of May 2020.

__________/_s_/A__n_n_ _A_i_k_e_n____________ Ann Aiken United States District Judge