Opinion
Case No. 3:17-cv-01077-CL
11-27-2018
DERYL JAMES F., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
:
Magistrate Judge Mark Clarke filed his Findings and Recommendation ("F&R") (doc. 46) on 9/19/2018 recommending that the decision of the Commissioner be reversed and the matter remanded for further proceedings. This case is now before me. See 28 U.S.C. § 636(b)(1)(B) and Fed. R. Civ. P. 72(b).
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 decision." 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, 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. 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 and Judge Clarke's order, I find no clear error.
Thus, I adopt Magistrate Judge Clarke's F&R (doc. 46) in its entirety. Accordingly, the decision of the Commissioner is REVERSED, and this matter is REMANDED for further proceedings consistent with the F&R.
IT IS SO ORDERED.
Dated this 27 day of November, 2018.
/s/_________
Ann Aiken
United States District Judge
In the interest of privacy, this opinion uses only the first name and the initial of the last name of the non-governmental party or parties in this case. Where applicable, this opinion uses the same designation for a non-governmental party's immediate family member.