Opinion
Case No. Civ. No. 3:12-cv-2128-AC
09-22-2017
RODNEY HOLLOWELL, Plaintiff, v. KAISER FOUNDATION HEALTH PLAN OF THE NORTWEST, doing business as KAISER PERMANENTE, Defendant.
ORDER
Michael H. Simon, District Judge.
United States Magistrate Judge John V. Acosta issued a Findings and Recommendation in this case on August 31, 2017. ECF 152. Defendant filed a supplemental bill of costs on August 2, 2017. ECF 146. Judge Acosta recommended that the Defendant's motion for supplemental costs be granted. No party 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). 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 enac
ting [the Act], intended to require a district judge to review a magistrate's report to which no objections are filed."); United States. v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (holding that 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 Acosta's Findings and Recommendation for clear error on the face of the record. No such error is apparent. Accordingly, the Court ADOPTS Judge Acosta's Findings and Recommendation. ECF 152. Defendant's supplemental bill of costs (ECF 146) is GRANTED. The Court awards the additional costs of $646.80 to the previously awarded $4,736.60, for a total of $5,383.40
IT IS SO ORDERED.
DATED this 22nd day of September, 2017.
/s/ Michael H. Simon
Michael H. Simon
United States District Judge