UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
July 19, 2012
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: M. James Lorenz United States District Court Judge
ORDER ADOPTING THE REPORT AND RECOMMENDATION AND GRANTING APPLICATION FOR WRIT OF GARNISHMENT [doc. #16]
Plaintiff filed a complaint for money damages alleging defendant's failure to pay her outstanding U.S. Department of Education Student Loan debt. Judgment was entered against the defendant on March 24, 2010. Plaintiff filed an Application for Writ of Continuing Garnishment against defendant requesting the Court's permission to garnish 25 percent of her wages.
The matter was referred to the magistrate judge for consideration of the Application and the preparation of a Report and Recommendation ("Report") under 28 U.S.C. § 636(b)(1)(B) and Civil Local Rule 72.3. The garnishment hearing was held on May 30, 2012. After reviewing the applicable documents and the arguments of the parties at the garnishment hearing, the magistrate judge entered a Report which recommended that plaintiff's application be granted.
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).
Here, defendant has neither filed objections to the Report nor sought additional time in which to file objections. Because the Report is unopposed, and the magistrate judge has carefully and fully considered the arguments of the parties, the Court will adopt the Report.
Based on the foregoing, the Report and Recommendation is ADOPTED in its entirety; and the Petition for Continuing Garnishment is GRANTED.
IT IS SO ORDERED.
COPY TO: HON. WILLIAM V. GALLO UNITED STATES MAGISTRATE JUDGE ALL PARTIES/COUNSEL
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