Howard v. Paulson et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
Case No. 6:17-cv-01629-MK
OPINION AND ORDER
DR. REED PAULSON, Oregon State
Penitentiary; et al.,
AIKEN, District Judge:
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).
Magistrates Act does not specify a standard of review in cases where no objections
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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.
United States District Judge
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