Opinion

Eaton

Court
District Court, D. Oregon
Filed
Aug 25, 2026
Cited by
0 cases

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

ARNOLD EATON, Case No.: 3:24-cv-00818-YY

Plaintiff,

v.

ORDER

MICHAEL REESE, Director of the Oregon

Department of Corrections; ALL FORMER

DIRECTORS OF THE OREGON

DEPARTMENT OF CORRECTIONS; ALL

CURRENT AND FORMER

ADMINISTRATORS AND EMPLOYEES

WITHIN THE OREGON DEPARTMENT OF

CORRECTIONS’ OFFENDER INFORMATION

AND SENTENCING COMPUTATION UNIT;

MICHAEL HSU, Chairperson of the Oregon

Board of Parole and Post-Prison Supervision; KIM

COONS, Employee of the Oregon Board of Parole

and Post Prison Supervision; ALL CURRENT

AND FORMER MEMBERS OF THE OREGON

BOARD OF PAROLE AND POST-PRISON

SUPERVISION; and WASHINGTON COUNTY

SHERIFF STAFF RESPONSIBLE FOR

CERTIFYING PRISONER TIME SERVED

CREDITS,

Defendants.

Adrienne Nelson, District Judge:

United States Magistrate Judge Youlee Yim You issued a findings and recommendation in this

case, ECF 35, on July 2, 2026. Judge You recommended that this Court grant defendants’ motion for

summary judgment, ECF 26, and dismiss this case. No party has filed objections. The matter is now before

this Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

A district court judge 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)(C). In the absence of objections,

no review is required, and no standard of review is prescribed. Thomas v. Arn, 474 U.S. 140, 152-54 (1985);

United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). Nonetheless, a district court

Judge is not precluded from reviewing the report sua sponte under a de novo standard or any other standard

of review. Thomas, 474 U.S. at 154; Decker v. Berryhill, 856 F.3d 659, 663 (9th Cir. 2017). Courts in this

district have followed the Advisory Committee’s recommendation that, when no timely objection is filed,

findings and recommendations be reviewed for “clear error on the face of the record.” Fed. R. Civ. P. 72(b)

advisory committee’s note to 1983 amendment; see, e.g., Hayden v. United States, 147 F. Supp. 3d 1125,

1127 (D. Or. 2015) (following the recommendation of the Advisory Committee and reviewing magistrate

Judge’s findings and recommendation for “clear error on the face of the record.”).

Because no party in this case has made objections, this Court reviews Judge You’s findings and

recommendation for clear error on the face of the record. Finding no such error, the Court ADOPTS Judge

You’s findings and recommendation, ECF 35. Accordingly, defendants’ motion for summary judgment,

ECF 26, is GRANTED. This case is DISMISSED. Judgment shall follow.

IT IS SO ORDERED.

DATED this 25th day of August, 2026. _

Adrienne Nelson

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.

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