Stanke v. Oregon Social Learning Center

Filing 9

ORDER: Adopting Findings and Recommendation 6 . Signed on 11/30/2017 by Judge Ann L. Aiken. (ck)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION TIMOTHY PAUL STANKE, Case No. 6:17 CV 00937-TC ORDER Plaintiff, vs. OREGON SOCIAL LEARNING CENTER, Defendant. AIKEN, Judge: Magistrate Judge Coffin filed his Findings and Recommendation ("F&R") (doc. 6) on September 19, 2017. The matter is now before me. See 28 U.S.C. ยง 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 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 error 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, SOl F.2d 196, 206 (9th Cir. 1974)); see also United States v. Vann, S3S U.S. SS, 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 Coffin's F&R (doc. 6). Dated thisln_'ij}y of November, 2017. Ann Aiken United States District Judge Page 2 - OPINION AND ORDER

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