Atcherson v. Kelly ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION GEOFFREY ATCHERSON, Case No. 6:19-cv-00079-CL OPINION AND ORDER Petitioner, vs, BRANDON KELLY, Respondent. AIKEN, District Judge: Magistrate Judge Mark D. Clarke filed his Findings and Recommendation (“F&R”) (doc. 30) on February 20, 2020. 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, Page 1- OPINION AND ORDER 2012 WL 15982389, *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 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 Clarke’s F&R (doc. 30). Dated this \\Paay of March 2020. Oss Ann Aiken United States District Judge Page 2- OPINION AND ORDER