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David andrew Redd v. Trimble

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


May 10, 2012

DAVID ANDREW REDD,
PETITIONER,
v.
TRIMBLE, WARDEN,
RESPONDENT.

The opinion of the court was delivered by: Honorable Larry Alan Burns United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION; AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner David Redd is a prisoner in state custody. The petition was referred to Magistrate Judge William McCurine for report and recommendation. After receiving briefing, Judge McCurine on November 8, 2011 issued his report and recommendation (the "R&R"), which recommended denying the petition. The R&R required that objections be filed no later than November 29, 2011, but no objections have been filed nor has Redd filed anything else nor sought additional time in which to do so.

A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. Fed. R. Civ. P. 72(b). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Id. "A judge of the court 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). This section does not require some lesser review by the district court when no objections are filed.

Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The "statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise." U.S. v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); 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 R&R, finds it to be correct, and ADOPTS it. The Petition is DENIED.

IT IS SO ORDERED.

20120510

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