West v. Kelly et al
ORDER: Adopting Findings and Recommendation 16 ; Finding as Moot Motion of Certified Question of Law 13 ; Granting Motion to Dismiss 15 . Signed on 7/14/2021 by Judge Ann L. Aiken. (Deposited in outgoing mail to pro se party on 7/14/2021.) (ck)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
RANDY E. WEST,
Case No. 6:20 cv 02063-CL
BRANDON KELLY, Superintendent,
Oregon State Penitentiary; OREGON
BOARD OF PAROLE AND POSTPRISON SUPERVISION,
Magistrate Judge Mark Clarke filed Findings and Recommendation (“F&R”)
(doc. 16) on June 23, 2021. 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 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 Mark
Clarke’s F&R (doc. 16).
Dated this 14th day of July, 2021.
United States District Judge
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