Williams v. State of Oregon Department of Justice et al

Filing 54

ORDER: I adopt Magistrate Judge Coffin's F&R 52 in its entirety. Accordingly, this action is dismissed as outlined in the F & R. Signed on 2/12/2019 by Judge Ann L. Aiken. (ck)

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

JAMES R. WILLIAMS,

Case No. 6:17-cv-00504-TC

ORDER
Plaintiff,
vs.
STATE OF OREGON, Depmiment of
Justice, ELLEN F. ROSENBLUM, in
her individual capacity as Attorney General
of the State of Oregon, and FREDERICK
M. BOSS, in his individual and official
capacity, as the Deputy Attorney General of
the State of Oregon,
Defendant.

AIKEN, District Judge:
Magistrate Judge Thomas Coffin filed his Findings and Recommendation ("F&R") (doc.
52) on 10/23/2018 recommending that this action should be dismissed. This case is now before
me. See 28 U.S.C. § 636(b)(l)(B) and Fed. R. Civ. P. 72(b).
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 infom1ed, final decision." Brill v.

PAGE I-ORDER

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, *l (D. Or. May 7, 2012). Following the recommendation of the Rules
Advisory Committee, I review the F&R for "clear el1"or 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 and
Magistrate Judge Coffin's order, I find no clear error.
Thus, I adopt Magistrate Judge Coffin's F&R (doc. 52) in its entirety. Accordingly, this
action is dismissed as outlined in the F &R.
IT IS SO ORDERED.
Dated this /

zl'1

day of February, 2019.

Ann Aiken
United States District Judge

PAGE 2 -ORDER