Burum v. Commissioner Social Security Administration
ORDER: Adopting Findings and Recommendation 25 . Signed on 11/13/2017 by Judge Ann L. Aiken. (ck)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
Case No. 3:16-cv-01409-JR
COMMISSIONER OF SOCIAL
AIKEN, District Judge:
Magistrate Judge Russo filed her Findings and Recommendation ("F&R") (doc. 25) on
10/26/2017. 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 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 bane). 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
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Committee, I review the F&R for "clear eirnr 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.
Accordingly, I adopt Judge Russo's F&R (doc. 25) in its entirety. The Decision of the
Commissioner is REVERSED and REMANED for further proceedings consistent with the F&R.
Dated this 13th day of November 2017.
United States District Judge
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