Filed: Jan. 12, 2018
Latest Update: Jan. 12, 2018
Summary: ORDER ANN AIKEN , District Judge . Magistrate Judge Clarke filed his Findings and Recommendation ("F&R") (doc. 39) on 12/5/2017. 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 decision." Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452 , 454 (9th Cir. 1983), overruled on other grounds, United
Summary: ORDER ANN AIKEN , District Judge . Magistrate Judge Clarke filed his Findings and Recommendation ("F&R") (doc. 39) on 12/5/2017. 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 decision." Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452 , 454 (9th Cir. 1983), overruled on other grounds, United S..
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ORDER
ANN AIKEN, District Judge.
Magistrate Judge Clarke filed his Findings and Recommendation ("F&R") (doc. 39) on 12/5/2017. 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 decision." 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.
Accordingly, I adopt Judge Clarke's F&R (doc. 39) in its entirety. Defendant's Motion to Dismiss or, in the alterative, for a transfer of venue (doc. 24) is DENIED.
