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Mark Mclean Saunders v. V.M. Almager

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


June 2, 2011

MARK MCLEAN SAUNDERS,
PETITIONER,
v.
V.M. ALMAGER,
RESPONDENT.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER ADOPTING REPORT AND RECOMMENDATION [doc. #33]; DENYING PETITION FOR WRIT OF HABEAS CORPUS; DENYING CERTIFICATE OF APPEALABILITY and DIRECTING ENTRY OF JUDGMENT

Petitioner Mark McLean Saunders, a state prisoner, filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254 and later filed an amended petition. The case was referred to United States Magistrate Judge William McCurine, Jr., for a report and recommendation ("Report") pursuant to 28 U.S.C. § 636(b)(1)(B) and Civil Local Rule 72.1(d). In the Report filed April 27, 2011, the magistrate judge recommended petition be denied. The parties were provided an opportunity to file objections to the Report. Objections to the Report were to be filed by May 18, 2011. To date, neither party has filed an objection or a request for an extension of time in which to object to the Report.

In reviewing a magistrate judge's report and recommendation, 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." 28 U.S.C. § 636(b)(1). 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-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original); see Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1225-26 & n.5 (D. Ariz. 2003) (applying Reyna-Tapia to habeas review).

The Court has reviewed the Report. Finding no error and no objections having been filed, IT IS ORDERED the Report and Recommendation is ADOPTED in its entirety and the petition for writ of habeas corpus is DENIED. IT IS FURTHER ORDERED the issuance of a certificate of appealability is DENIED. IT IS FURTHER ORDERED the Clerk of the Court is DIRECTED to enter judgment in accordance with this Order.

IT IS SO ORDERED.

COPY TO: HON. WILLIAM McCURINE, JR. UNITED STATES MAGISTRATE JUDGE ALL PARTIES/COUNSEL

20110602

© 1992-2011 VersusLaw Inc.



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