Opinion
Case No. 1:20 cv 01287-CL
01-12-2021
ROBERT DENVER MAYS, Plaintiff, v. STATE OF CALIFORNIA, STATE OF OREGON, Defendants.
ORDER :
Magistrate Judge Mark Clarke filed his Findings and Recommendation ("F&R") (Doc. 8) on October 14, 2020. 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. The order dismissing the complaint for failure to state a claim on August 17, 2020 (Doc. 6) is granted.
Accordingly, I adopt Judge Mark Clarke's F&R (Doc. 8).
IT IS SO ORDERED.
Dated this 12th day of January, 2021.
/s/Ann Aiken
Ann Aiken
United States District Judge