United States District Court, S.D. California
January 28, 2014
WILLIAM JEFFREY HUTCHINGS, Petitioner,
RALPH DIAZ, Warden, et al. Respondents.
ADOPTING REPORT AND RECOMMENDATION (2) DENYING PETITION FOR WRIT OF HABEAS
CORPUS (3)DENYING CERTIFICATE OF APPEALABILITY [Docket No. 23]
ROGER T. BENITEZ, District Judge.
Petitioner William Jeffrey Hutchings, a state prisoner proceeding pro se, filed the instant Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Docket No. 1). Respondent filed a Answer on October 18, 2013. (Docket No. 11). Petitioner filed a traverse on December 20, 2013. (Docket No. 22).
Magistrate Judge William McCurine, Jr. issued a thoughtful and thorough Report and Recommendation recommending that the Petition be denied. (Docket No. 23). Any objections to the Report and Recommendation were due January 17, 2014. ( Id. ) Neither party filed any objections. For the reasons that follow, the Report and Recommendation is ADOPTED.
A district judge "may accept, reject, or modify the recommended disposition" of a magistrate judge on a dispositive matter. FED.R.CIV.P.72(b)(3); see also 28 U.S.C. § 636(b)(1). "[T]he district judge must determine de novo any part of the [report and recommendation] that has been properly objected to." FED. R. CIV. P. 72(b)(3). 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); see also Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005). "Neither the Constitution nor the statute requires a district judge to review, de novo, findings and recommendations that the parties themselves accept as correct." Reyna-Tapia, 328 F.3d at 1121.
After a de novo review, and in the absence of any objections, the Court fully ADOPTS Judge McCurine's Report and Recommendation. The habeas petition is DENIED. The Court DENIES a certificate of appealability because the issues are not debatable among jurists of reason and there are no questions adequate to deserve encouragement. See Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). The Clerk of Court shall enter judgment denying the Petition.
IT IS SO ORDERED.