Filed: Feb. 12, 2019
Latest Update: Feb. 12, 2019
Summary: ORDER ANN AIKEN , District Judge . Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendation ("F&R") (doc. 18) on 1/15/2019 recommending that the decision of the Commissioner be affirmed. This case is now before me. See 28 U.S.C. 636(b)(1)(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 informed, final decision." Britt v. Simi Valley Unified S
Summary: ORDER ANN AIKEN , District Judge . Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendation ("F&R") (doc. 18) on 1/15/2019 recommending that the decision of the Commissioner be affirmed. This case is now before me. See 28 U.S.C. 636(b)(1)(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 informed, final decision." Britt v. Simi Valley Unified Sc..
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ORDER
ANN AIKEN, District Judge.
Magistrate Judge Mustafa Kasubhai filed his Findings and Recommendation ("F&R") (doc. 18) on 1/15/2019 recommending that the decision of the Commissioner be affirmed. This case is now before me. See 28 U.S.C. § 636(b)(1)(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 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. 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 and Magistrate Judge Kasubhai's order, I find no clear error.
Thus, I adopt Magistrate Judge Kasubhai's F&R (doc. 18) in its entirety. Accordingly, the decision of the Commissioner is AFFIRMED, and this case is dismissed.
IT IS SO ORDERED.
