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EcKelman v. Rentgrow, Inc.

United States District Court, District of Oregon
Dec 22, 2022
6:21 cv 01801-MK (D. Or. Dec. 22, 2022)

Opinion

6:21 cv 01801-MK

12-22-2022

BRIAN ECKELMAN Plaintiff, v. RENTGROW, INC.; and CLEARA, LLC, Defendants.


ORDER

Ann Aiken, United States District Judge

Magistrate Judge Mustafa Kasubhai filed Findings and Recommendation (“F&R”) (doc. 50) on November 28, 2022. 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 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 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, I find no clear error.

THEREFORE, IT IS HEREBY ORDERED that I ADOPT Judge Mustafa Kasubhai's F&R (doc. 50).


Summaries of

EcKelman v. Rentgrow, Inc.

United States District Court, District of Oregon
Dec 22, 2022
6:21 cv 01801-MK (D. Or. Dec. 22, 2022)
Case details for

EcKelman v. Rentgrow, Inc.

Case Details

Full title:BRIAN ECKELMAN Plaintiff, v. RENTGROW, INC.; and CLEARA, LLC, Defendants.

Court:United States District Court, District of Oregon

Date published: Dec 22, 2022

Citations

6:21 cv 01801-MK (D. Or. Dec. 22, 2022)