Howard v. Paulson et al

Filing 57

OPINION AND ORDER: I ADOPT Judge Kasubhai's F&R 54 . Defendants' Motion for Summary Judgment 30 is GRANTED. Signed on 4/27/2020 by Judge Ann L. Aiken. (Mailed to Pro Se party on 4/27/2020.) (ck)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION Case No. 6:17-cv-01629-MK OPINION AND ORDER CLAYTON HOWARD, Plaintiff, vs. DR. REED PAULSON, Oregon State Penitentiary; et al., DEFENDANTS. AIKEN, District Judge: Magistrate Judge Mustafa T. Kasubhai filed his Findings and Recommendation (“F&R”) (doc. 54) on April 2, 2020. 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 banc). The Magistrates Act does not specify a standard of review in cases where no objections Page 1 – OPINION AND ORDER 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. 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, I find no clear error. THEREFORE, IT IS HEREBY ORDERED that I ADOPT Judge Kasubhai’s F&R (doc. 54). Dated this 27th day of April 2020. ____ /s/Ann Aiken __________________________ Ann Aiken United States District Judge Page 2 – OPINION AND ORDER

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