Opinion
Case No. 3:13-cv-01515-PK
07-14-2014
BRENDAN CURRIE, Plaintiff, v. BRIAN SHAW, d/b/a KLAMATH WILDLIFE RESOURCES, Defendant.
ORDER
Michael H. Simon, District Judge.
United States Magistrate Judge Paul Papak issued Findings and Recommendation in this case on June 6, 2014. Dkt. 23. Judge Papak recommended that Plaintiff's motion for attorneys' fees (Dkt. 19) should be granted in part and denied in part and Plaintiff should be awarded attorneys' fees in the amount of $19,476.53. No party has filed objections.
Under the Federal Magistrates Act ("Act"), the court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate." 28 U.S.C. § 636(b)(1)(C). If a party files objections to a magistrate's findings and recommendations, "the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." Id.; Fed. R. Civ. P. 72(b)(3).
If no party objects, the Act does not prescribe any standard of review. See Thomas v. Arn, 474 U.S. 140, 152 (1985) ("There is no indication that Congress, in enacting [the Act], intended to require a district judge to review a magistrate's report[.]"); United States. v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (the court must review de novo magistrate's findings and recommendations if objection is made, "but not otherwise").
Although review is not required in the absence of objections, the Act "does not preclude further review by the district judge[] sua sponte . . . under a de novo or any other standard." Thomas, 474 U.S. at 154. Indeed, the Advisory Committee Notes to Fed. R. Civ. P. 72(b) recommend that "[w]hen no timely objection is filed," the court review the magistrate's findings and recommendations for "clear error on the face of the record."
No party having made objections, this Court follows the recommendation of the Advisory Committee and reviews Judge Papak's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Papak's Findings and Recommendation. Dkt. 23. Plaintiff's motion for attorneys' fees (Dkt. 19) is granted in part and denied in part and Plaintiff is awarded attorneys' fees in the amount of $19,476.53.
IT IS SO ORDERED.
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Michael H. Simon
United States District Judge