UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
November 20, 2006
SANTANA ANN FERGUSON, PETITIONER,
RON KEENAN, RESPONDENT.
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER ADOPTING REPORT AND RECOMMENDATION AND DENYING PETITION FOR WRIT OF HABEAS CORPUS
Petitioner Santana Ann Ferguson seeks a writ of habeas corpus under 28 U.S.C. § 2254. The Honorable Leo S. Papas entered a Report and Recommendation ("Report"), under 28 U.S.C. § 636(b)(1), recommending denial of the petition. Neither party has filed objections to the Report.
The district court's role in reviewing a magistrate judge's report and recommendation is set forth in 28 U.S.C. § 636(b)(1). Under this statute, the district court "shall 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 judge." Id. Under this statute, "the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." United States v. Reyna- , 328 F.3d 1114, 1121 (9th Cir.) (en banc), cert. denied, 124 S.Ct. 238 (2003); see Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1225-26 & n.5 (D. Ariz. 2003) (applying Reyna-Tapia's holding to a habeas corpus proceeding).
The Court has independently reviewed the Report and all relevant papers submitted by both parties and finds that the Report presents a well-reasoned analysis of the issues petitioner raises. Accordingly, having carefully considered the record, applicable law, and good cause appearing, IT IS ORDERED adopting in its entirety the Report and Recommendation filed August 3, 2006. IT IS FURTHER ORDERED denying the petition for writ of habeas corpus. IT IS FURTHER ORDERED directing the Clerk of the Court to enter judgment in accordance with the Report and Recommendation, and this Order.
IT IS SO ORDERED.
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