Wingfield v. Commissioner Social Security Administration

District Court, D. Oregon

Wingfield v. Commissioner Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON

EDWARD W.1 Case No. 3:20 cv 00112-CL ORDER

Plaintiff,

v.

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

Magistrate Judge Mark Clarke filed Findings and Recommendation (“F&R”) (doc. 37) on April 11, 2022. 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

1 In the interest of privacy, this order uses only first name and the initial of the last name of the non-governmental party or parties in this case. 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 Mark

Clarke’s F&R (doc. 37). Dated this 27th day of April, 2022.

_________/s/ Ann Aiken________ Ann Aiken United States District Judge

Reference

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