Opinion
Case No. 2:16-cv-01599-CL
04-02-2018
PAMELA PEDRO, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
:
Magistrate Judge Mark Clarke filed his Findings and Recommendation ("F&R") (doc. 36) on February 27, 2018. The matter is now before me. See 28 U.S.C. § 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 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, at *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). In his F&R, Magistrate Judge Clarke recommended granting plaintiff's Application for Fees Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (doc. 36) Having reviewed the record of this case, I find no clear error.
THEREFORE, IT IS HEREBY ORDERED that I ADOPT Judge Clarke's F&R (doc. 36) in its entirety. Plaintiff's Application for Fees Pursuant to EAJA (doc. 32) is GRANTED.
Dated this 2nd day of April, 2018.
/s/_________
Ann Aiken
United States District Judge