# Ehlers v. Brown

> District Court, D. Oregon · August 8, 2022

URL: https://www.frixlaw.com/law-library/cases/10395066

## Case

- **Court:** District Court, D. Oregon
- **Decided:** August 8, 2022
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10395066

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10395066. Public record. Not legal advice.