Opinion

Ehlers v. Brown

Court
District Court, D. Oregon
Filed
Aug 8, 2022
Cited by
0 cases
Authority
More cited than 28.7%

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

How later courts described this case

  • 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

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MICHELLE DANIELLE EHLERS. Case No. 3:21 cv 01549-CL

ORDER

Petitioner,

v.

NICOLE BROWN,

Respondent.

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.

Dated this 8th day of August, 2022.

_________/s/ Ann Aiken________

Ann Aiken

United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.