Johnson v. United States et al

Filing 23

OPINION AND ORDER: I ADOPT Judge Kasubhai's F&R 18 . Signed on 4/8/2019 by Judge Ann L. Aiken. (Mailed to Pro Se party on 4/9/2019.) (ck)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

Case No. 3:18-cv-00823-MK
OPINION AND ORDER

Frederick Johnson,
Plaintiff,
vs.
DANIEL CHILDRESS, Food Coordinator,
FCI Sheridan; MR. RAPP, Compound
Maintenance Service General Foreman, FCI
Sheridan; MR. JAMISON, Food Service
Assistant Administrator, FCI Seridan,
Defendants.

AIKEN, District Judge:
Magistrate

Judge

lVIustafa

T.

Kasubhai

filed

his

Findings

and

Recommendation ("F&R") (doc. 18) on March 5, 2019. 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 nova 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 groztnds, United
States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en bane).

Page 1 - OPINION AND ORDER

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. Vann, 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 Kasubhai's
F&R (doc. 18).

d-1,,\
Dated thiV_ day of April 2019.

Ann Aiken
United States District Judge

Page 2 - OPINION AND ORDER