Filed: Oct. 30, 2018
Latest Update: Oct. 30, 2018
Summary: ORDER ANN AIKEN , District Judge . Magistrate Judge Jolie Russo issued her Findings and Recommendation ("F&R") (doc. 69) in the above-captioned action on August 7, 2018, recommending that defendants' Motion for Summmy Judgment (doc. 59) be granted and this case be dismissed. The matter 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. 1 Although this relieves me of my obligation to perf01m a de novo review, I retain the obl
Summary: ORDER ANN AIKEN , District Judge . Magistrate Judge Jolie Russo issued her Findings and Recommendation ("F&R") (doc. 69) in the above-captioned action on August 7, 2018, recommending that defendants' Motion for Summmy Judgment (doc. 59) be granted and this case be dismissed. The matter 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. 1 Although this relieves me of my obligation to perf01m a de novo review, I retain the obli..
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ORDER
ANN AIKEN, District Judge.
Magistrate Judge Jolie Russo issued her Findings and Recommendation ("F&R") (doc. 69) in the above-captioned action on August 7, 2018, recommending that defendants' Motion for Summmy Judgment (doc. 59) be granted and this case be dismissed. The matter 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.1 Although this relieves me of my obligation to perf01m a de novo 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 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 e1Tor 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 F&R and record in this case, I find no clear e1Tor in Judge Russo's opinion.
Thus, I ADOPT Magistrate Judge Russo's F&R (doc. 69) in its entirety. Defendants' Motion for Summary Judgment (doc. 59) is GRANTED. Accordingly, this case is DISMISSED.
IT IS SO ORDERED.
