Didier v. Fhuere
Filing
24
OPINION AND ORDER: I ADOPT Judge Clarke's F&R 21 . Signed on 1/9/2019 by Judge Ann L. Aiken. (ck)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
EUGENE DIVISION
MICHAEL JOSEPH DIDIER,
Petitioner,
Case No. 6: 18-cv-00136-CL
OPINION & ORDER
vs.
MR. FHUERE, Superintendent of
Shutter Creek Con·. Institution,
. Respondent.
AIKEN, District Judge:
Magistrate Judge Mark D. Clarke filed his Findings and Recommendation ("F&R") (doc.
21) on December 6, 2018. 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 peiform
a de novo review, I retain the obligation to "make an info1med, final determination." Brittv. 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
advisoty committee's note (1983) (citing Campbell v. United States District Court, 501 F.2d 196,
206 (9th Cir. 1974)); see also United States v. Vann, 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 Clarke's F&R (doc. 21).
Dated this 9~ofJanuary2019.
Ann Aiken
United States District Judge
Page 2 - OPINION AND ORDER
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