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Tyrone Rogers v. G.J. Giurbino

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


December 18, 2012

TYRONE ROGERS,
PLAINTIFF,
v.
G.J. GIURBINO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Irma E. Gonzalez United States District Judge

ORDER:

1. ADOPTING REPORT AND RECOMMENDATION; [Doc No. 67]

2. DENYING MOTION FOR DEFAULT JUDGMENT [Doc. No. 44]

Before the Court is Magistrate Judge Ruben B. Brooks's Report and Recommendation ("R & R"), [Doc. No. 67], recommending that the Court deny Plaintiff's motion for default judgment, [Doc. No. 44]. The deadline for filing objections thereto passed October 19, 2012. [See Doc. No. 67 at 40.]

The Court reviews de novo those portions of the R & R to which objections are 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). However, "[t]he 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." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original). "Neither the Constitution nor the statute requires a district judge to review, de novo, findings and recommendations that the parties themselves accept as correct." Id.

Here, the deadline for objections passed over a month ago without any objections being filed, and thus the Court may adopt the R & R on that basis alone. See id. Having reviewed and finding sound Magistrate Judge Brooks's R & R, the Court approves and ADOPTS IN FULL the R & R. See 28 U.S.C. § 636(b)(1). Thus, Plaintiff's motion for default judgment is hereby DENIED.

IT IS SO ORDERED.

20121218

© 1992-2012 VersusLaw Inc.



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