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JOHNSON v. NELSON

United States District Court, Southern District of California


April 10, 2001

SAMUEL M. JOHNSON, PETITIONER,
V.
CRAIG NELSON, RESPONDENT

The opinion of the court was delivered by: Thomas J. Whelan, United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

On September 28, 2000 Petitioner Samuel M. Johnson ("Petitioner"), proceeding pro se, submitted this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his civil commitment to the California Department of Mental Health under the Sexually Violent Predator Act ("SVP Act"), California Welfare and Institutions Code § 6600 et seq.

On February 22, 2001 United States Magistrate Judge Anthony J. Battaglia issued a Report and Recommendation ("Report") describing the reasons why Petitioner's habeas petition should be denied with prejudice. The parties were permitted to file objections to the Report, if any, no later than April 4, 2001. To date, no party has submitted objections to the Report, nor requested additional time in which to do so.

I. LEGAL STANDARD

The duties of the district court in connection with a Magistrate Judge's Report and Recommendation are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). The district court "must make a de novo determination of those portions of the report . . . to which objection is made," and "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)(C); see also United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989); United States v. Raddatz, 447 U.S. 667, 676 (1980).

When no objections are filed, the district court may assume the correctness of the magistrate judge's findings of fact and decide the motion on the applicable law. See Campbell v. United States Dist. Court, 501 F.2d 196, 206 (9th Cir. 1974). Under such circumstances, the Ninth Circuit has held that "a failure to file objections only relieves the trial court of its burden to give de novo review to factual findings; conclusions of law must still be reviewed de novo." Barilla v. Ervin, 886 F.2d 1514, 1518 (9th Cir. 1989) (citing Britt v. Simi Valley Unified Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983)).

II. ANALYSIS

Having read and considered the papers submitted, including Petitioner's motion, the Court concludes that the Report presents a well reasoned analysis of the issues raised by the parties. The Magistrate Judge correctly determined that: (1) Petitioner presented a cognizable federal claim; (2) there was sufficient evidence of substantial sexual conduct; and (3) the trial court properly had jurisdiction over the SVP petition.

III. CONCLUSION

In light of the foregoing, the reasoning and findings contained in the Report are hereby ADOPTED in their entirety. For the reasons stated in the Report, which' are incorporated herein by reference, the Court DISMISSES with prejudice Petitioner's writ of habeas corpus. The Clerk of Court shall close the district court case file.

IT IS SO ORDERED.

20010410

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