Hudson v. Blanton

District Court, D. Oregon

Hudson v. Blanton

Trial Court Opinion

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

CARLOS HUDSON, Case No. 3:24-cv-00289-CL

Plaintiff, ORDER v. OFFICER BLANTON, et al., Defendants.

KASUBHAI, United States District Judge: This matter is before the Court pursuant to

28 U.S.C. § 636

(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Clarke issued a Findings and Recommendation on April 29, 2025, in which he recommends that this Court dismiss this action without prejudice. F&R, ECF No. 27. When a party objects to a magistrate judge’s Findings and Recommendations, the district court must “make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”

28 U.S.C. § 636

(b)(1). In the absence of objections, the district court has no obligation to review the magistrate judge’s report. United States v. Reyna-Tapia,

328 F.3d 1114, 1121

(9th Cir. 2003). However, the district court is not precluded from sua sponte review in such circumstances, Thomas v. Arn,

474 U.S. 140, 149

(1985), and the Advisory Committee notes to Federal Rule of Civil Procedure 72(b) recommend that the court should review for “clear error on the face of the record.” Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment. Here, no party timely objected to the Magistrate Judge’s Findings and Recommendation. The Court has reviewed the record and finds no error.

CONCLUSION The Court ADOPTS Magistrate Judge Clarke’s Findings and Recommendation, ECF No. 27. The Court therefore dismisses this action without prejudice. IT IS SO ORDERED. DATED this 30th day of May 2025.

s/ Mustafa T. Kasubhai MUSTAFA T. KASUBHAI (He / Him) United States District Judge

Reference

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