Butler v. Dunford
ORDER: Adopting Findings and Recommendation 20 . Signed on 11/30/2017 by Judge Ann L. Aiken. (ck)
1N THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
Case No. 6: 17 CV 00562-JR
Magistrate Judge Russo filed her Findings and Recommendation ("F&R") (doc. 20) on
September 19, 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 determination." 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
Committee, I review the F&R for "clear en-or on the face of the record[.]" Fed. R. Civ. P. 72
Page 1 - OPINION AND ORDER
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 rnle). Having reviewed the file of this
case, I find no clear error.
THEREFORE, IT IS HEREBY ORDERED that I adopt Judge Russo's F&R (doc. 20).
this~y ofNovember, 2017.
United States District Judge
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