Rasberry v. South Coast Interagency Narcotics Team et al, No. 6:2019cv02097 - Document 9 (D. Or. 2020)
Court Description: OPINION AND ORDER: I ADOPT Judge Kasubhai's F&R 7 . This action is DISMISSED and a judgment shall be entered. Signed on 7/20/2020 by Judge Ann L. Aiken. (Mailed to Pro Se party on 7/20/2020.) (ck)
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Rasberry v. South Coast Case Interagency Narcotics Team et al 6:19-cv-02097-MK Document 9 Filed 07/20/20 Doc. 9 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION JACKIE ERWIN RASBERRY II, Case No. 6:19-cv-02097-MK OPINION AND ORDER Plaintiff, vs. SOUTH COAST INTERAGENCY NARCOTICS TEAM, and COOS COUNTY, Defendants. AIKEN, District Judge: Magistrate Judge Mustafa T. Kasubhai filed Findings and Recommendation (“F&R”) (doc. 7) on July 2, 2020. 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 Page 1 – OPINION AND ORDER Dockets.Justia.com Case 6:19-cv-02097-MK Document 9 Filed 07/20/20 Page 2 of 2 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 Kasubhai’s F&R (doc. 7). This action is DISMISSED and a judgment shall be entered. 20th day of July 2020. Dated this _____ /s/Ann Aiken __________________________ Ann Aiken United States District Judge Page 2 – OPINION AND ORDER
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