The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
RICHARD J. FLORES, Case No. 3:23-cv-462-SB
Plaintiff, ORDER
v.
KATE BROWN et al.,
Defendants.
Michael H. Simon, District Judge.
United States Magistrate Judge Stacie F. Beckerman issued Findings and
Recommendation in this case on February 14, 2025. Judge Beckerman recommended that this
Court grant the Defendants’ motion to dismiss and dismiss this action with prejudice. No party
has 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 objects 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).
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 enacting [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 judge’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 Rule 72(b) of the Federal
Rules of Civil Procedure recommend that “[w]hen no timely objection is filed,” the court review
the magistrate judge’s findings and recommendations for “clear error on the face of the record.”
No party having made objections, the Court follows the recommendation of the Advisory
Committee and reviews Judge Beckerman’s Findings and Recommendation for clear error on the
face of the record. No such error is apparent.
The Court ADOPTS Judge Beckerman’s Findings and Recommendation, ECF 94. The
Court GRANTS Defendants’ Motion to Dismiss, ECF 84, and dismisses this action with
prejudice.
IT IS SO ORDERED.
DATED this 11th day of March, 2025.
/s/ Michael H. Simon
Michael H. Simon
United States District Judge