Summers v. Department of the Interior et al, No. 1:2018cv01910 - Document 38 (D. Or. 2019)
Court Description: OPINION AND ORDER: I adopt Judge Clarke's F&R 35 . Motion to Dismiss for Lack of Jurisdiction 28 is Granted in part and Denied in part. Plaintiff's last claim for punitive damages is dismissed with prejudice. Plaintiff shall file an amended complaint by 8/9/2019 to bring his Title VII and FTCA claims against the proper parties. Signed on 7/9/2019 by Judge Ann L. Aiken. (ck)
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Summers v. Department of the Interior et al Doc. 38 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON MEDFORD DIVISION JAMIE SUMMERS, Case No. 1:18-cv-01910-CL OPINION AND ORDER Plaintiff, vs. UNITED STATES DEPARTMENT OF INTERIOR, NATIONAL PARK SERVI CE et al., Defendants. AIKEN, District Judge: Magistrate Judge Mark D. Clarke filed his Findings and Recommendation ("F&R") (doc. 35) on June 6, 2019. The matter is now before me. See 28 U.S.C. ยง 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 bane). The Magistrates Act does not specify a Page 1 - OPINION AND ORDER Dockets.Justia.com 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, I find no clear error. THEREFORE, IT IS HEREBY ORDERED that I ADOPT Judge Clarke's F&R (doc. 35). Dated this q~y of July 2019. Ann Aiken United States District Judge Page 2 - OPINION AND ORDER
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