Atchison v Caliber Home Loans Inc.

Filing 23

ORDER: I adopt Magistrate Judge Russo's F&R 21 in its entirety. Accordingly, the TRO 8 is ordered dissolved. Defendant's Motion to Dismiss 15 and Request for Judicial Notice 16 are GRANTED. Accordingly, this action is dismissed. Signed on 6/21/2018 by Judge Ann L. Aiken. (ck)

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

JEFFREY TODD ATCHISON

Case No. 6:17-cv-01820-JR

ORDER
Plaintiff,

v.
CALIBER HOME LOANS, INC.,
Defendant.

AIKEN, District Judge:
Magistrate Judge Jolie Russo filed her Findings and Recommendation ("F&R") (doc. 21)
recommending that plaintiffs claim should be denied, the temporary restraining order ("TRO")
in this case should be dissolved, and this action should be dismissed for failure to prosecute. The
matter 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 info1med, final decision." Britt v. Simi Valley Unified Sch.

Dist., 708 F.2d 452, 454 (9th Cir. 1983), overruled on other grounds, United States v. ReynaTapia, 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,

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*l (D. Or. May 7, 2012). Following the reconnnendation of the Rules Advisory Committee, I
review the F&R for "clear e!1"or on the face of the record[.]" Fed. R. Civ. P. 72 advisory
connnittee's note (1983) (citing Campbell v. United States District Court, 501F.2d196, 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 e11"or.
Thus, I adopt Magistrate Judge Russo's F&R (doc. 21) in its entirety. Accordingly, the
TRO (doc. 8) is ordered dissolved. Defendant's Motion to Dismiss (doc. 15) and Request for
Judicial Notice (doc. 16) are GRANTED. Accordingly, this action is dismissed.
IT IS SO ORDERED.
Dated this 21st day of June, 2018.

Ann Aiken

United States District Judge

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