# Hayes v. State of Oregon

> District Court, D. Oregon · November 14, 2022

URL: https://www.frixlaw.com/law-library/cases/10395332

## Case

- **Court:** District Court, D. Oregon
- **Decided:** November 14, 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/10395332

## Opinion text

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MEDFORD DIVISION

FRANCIS STEFFEN HAYES,

Plaintiff, No. 1:20-cv-01332-CL

v. ORDER

STATE OF OREGON; KATE
BROWN,

Defendants.
_______________________________________
AIKEN, District Judge.
This case comes before the Court on a Findings and Recommendation filed by
Magistrate Judge Mark Clarke. ECF No. 65. Judge Clarke recommends that
Defendants’ Motion for Summary Judgment, ECF No. 52, be granted and Plaintiff’s
Motion for Declaratory Judgment, ECF No. 54, be denied.
Under the Federal Magistrates Act, the Court may “accept, reject, or modify,
in whole or in part, the findings or recommendations made by the magistrate judge.”
28 U.S.C. § 636(b)(1). If a party files objections to a magistrate judge’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).
For those portions of a magistrate judge’s findings and recommendations to
which neither party has objected, 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 enacting [the Act], intended to require a district judge to review a magistrate’s
report to which no objections are filed.”). Although no review is required in the

absence of objections, the Magistrates Act “does not preclude further review by the
district judge[] sua sponte . . . under a de novo or any other standard.” Id. at 154. The
Advisory Committee Notes to Fed. R. Civ. P. 72(b) recommend that “[w]hen no timely
objection is filed,” the court should review the recommendation for “clear error on the
face of the record.”
In this case, no party has filed objections to the F&R. The Court has reviewed

the F&R and finds no error. The F&R, ECF No. 65, is therefore ADOPTED.
Defendants’ Motion for Summary Judgment, ECF No. 52, is GRANTED and
Plaintiff’s Motion for Declaratory Judgment, ECF No. 54 is DENIED. Final judgment
shall be entered accordingly.
It is so ORDERED and DATED this _1_4_t_h_ day of November 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/10395332. Public record. Not legal advice.