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Ehlers v. Brown

United States District Court, District of Oregon
Aug 8, 2022
3:21 cv 01549-CL (D. Or. Aug. 8, 2022)

Opinion

3:21 cv 01549-CL

08-08-2022

MICHELLE DANIELLE EHLERS. Petitioner, v. NICOLE BROWN, Respondent.


ORDER

Ann Aiken United States District Judge

Magistrate Judge Mark Clarke filed Findings and Recommendation (“F&R”) (doc. 13) on July 21, 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 Mark Clarke's F&R (doc. 13). The petition is DISMISSED without prejudice and without a certificate of appealability.


Summaries of

Ehlers v. Brown

United States District Court, District of Oregon
Aug 8, 2022
3:21 cv 01549-CL (D. Or. Aug. 8, 2022)
Case details for

Ehlers v. Brown

Case Details

Full title:MICHELLE DANIELLE EHLERS. Petitioner, v. NICOLE BROWN, Respondent.

Court:United States District Court, District of Oregon

Date published: Aug 8, 2022

Citations

3:21 cv 01549-CL (D. Or. Aug. 8, 2022)