Sessions v. Commissioner Social Security Administration et al

Filing 38

ORDER: The Court adopts Magistrate Judge Clarke's F&R 32 in its entirety. Accordingly, the decision of the Commissioner is AFFIRMED, and this action is dismissed. Signed on 5/26/2020 by Judge Ann L. Aiken. (ck)

Case 3:18-cv-00673-CL

Document 38

Filed 05/26/20

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

LARRY S.,
Plaintiff,

Case No. 3:18-cv-00673-CL
ORDER

v.
ANDREW SAUL, Commissioner
of Social Security
Defendant,
_______________________________________
AIKEN, District Judge.
Magistrate Judge Mark Clarke filed his Findings and Recommendations
(“F&R”) (doc. 32) recommending that the decision of the Commissioner be
AFFIRMED. 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.

This Court previously granted an

extension of time in which to file objections (doc. 36) Objections were due by May 18,
2020. 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.
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Case 3:18-cv-00673-CL

Document 38

Filed 05/26/20

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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, the Court 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 and
Magistrate Judge Clarke’s order, the Court find no clear error.
Thus, the Court adopts Magistrate Judge Clarke’s F&R (doc. 32) in its entirety.
Accordingly, the decision of the Commissioner is AFFIRMED, and this action is
dismissed.
IT IS SO ORDERED.
26th
Dated this ____ day of May 2020.

/s/Ann Aiken
_________________________________
Ann Aiken
United States District Judge

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