Doe v. Trump, No. 6:2018cv01073 - Document 10 (D. Or. 2018)

Court Description: OPINION AND ORDER: I adopt Judge Coffin's F&R 7 . Accordingly, this action is dismissed. Signed on 8/24/2018 by Judge Ann L. Aiken. (ck)
Download PDF
Doe v. Trump Doc. 10 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION JORGE DOE, et al. Case No. 6:18-cv-01073-TC OPINION AND ORDER Plaintiffs, vs. DONALD TRUMP, Defendant. AIKEN, Judge: Magistrate Judge Thomas M. Coffin filed his Findings and Recommendation ("F&R") (doc. 7) on August 6th, 2018 recommending that this action should be dismissed for failure to prosecute and failure to follow a comi order. 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 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 Page 1 - OPINION AND ORDER recommendation of the Rules Advisory Committee, I review the F&R for "clear e1rnr 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 Coffin's F&R (doc. 7). Accordingly, this action is dismissed. Dated this 24th day of August, 2018. Ann Aiken United States District Judge Page 2 - OPINION AND ORDER