Filed: Aug. 02, 2018
Latest Update: Aug. 02, 2018
Summary: ORDER ANN AIKEN , District Judge . Magistrate Judge Russo filed her Findings and Recommendation ("F&R") (doc. 39) on June 29, 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 perform a de nova 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 ground
Summary: ORDER ANN AIKEN , District Judge . Magistrate Judge Russo filed her Findings and Recommendation ("F&R") (doc. 39) on June 29, 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 perform a de nova 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..
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ORDER
ANN AIKEN, District Judge.
Magistrate Judge Russo filed her Findings and Recommendation ("F&R") (doc. 39) on June 29, 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 perform a de nova 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 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 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 Russo's F&R (doc. 39). Plaintiff is hereby awarded $14,681.53 in fees pursuant to the EAJA.
FootNotes
1. In the interest of privacy, this order uses only the first name and the initial of the last name of the non-governmental party in this case.
2. Nancy A. Berryhill's term as the Acting Commissioner of the Social Security Administration ended on November 17, 2017, and a new Commissioner has not been appointed. The official title of the head of the Social Security Administration is the "Commissioner of Social Security[.]" 42 U.S.C. § 902(a)(1). A "public officer who sues or is sued in an official capacity may be designated by official title rather than by name[.]" Fed. R. Civ. P. 17(d). I therefore refer to defendant only as Commissioner of Social Security.
