Johnson v. Childress et al, No. 3:2018cv00823 - Document 23 (D. Or. 2019)
Court Description: OPINION AND ORDER: I ADOPT Judge Kasubhai's F&R 18 . Signed on 4/8/2019 by Judge Ann L. Aiken. (Mailed to Pro Se party on 4/9/2019.) (ck)
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Johnson v. Childress et al Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON Case No. 3:18-cv-00823-MK OPINION AND ORDER Frederick Johnson, Plaintiff, vs. DANIEL CHILDRESS, Food Coordinator, FCI Sheridan; MR. RAPP, Compound Maintenance Service General Foreman, FCI Sheridan; MR. JAMISON, Food Service Assistant Administrator, FCI Seridan, Defendants. AIKEN, District Judge: Magistrate Judge lVIustafa T. Kasubhai filed his Findings and Recommendation ("F&R") (doc. 18) on March 5, 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 nova 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 groztnds, United States v. Reyna-Tapia, 328 F.3d 1114, 1121-22 (9th Cir. 2003) (en bane). The Page 1 - OPINION AND ORDER Dockets.Justia.com 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, I find no clear error. THEREFORE, IT IS HEREBY ORDERED that I ADOPT Judge Kasubhai's F&R (doc. 18). d-1,,\ Dated thiV_ day of April 2019. Ann Aiken United States District Judge Page 2 - OPINION AND ORDER
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