United States District Court, S.D. California
ORDER ADOPTING REPORT AND RECOMMENDATION [Docket Nos. 18, 21, 23]
ROGER T. BENITEZ, District Judge.
On February 28, 2014, Defendants E. Duarte, M. Carpio, R. Nelson, G. Janda, M. Whitman, and M. Vitela filed a motion to dismiss portions of Plaintiff James Eusse, Jr.'s First Amended Complaint. (Docket No. 18.) On April 28, 2014, Plaintiff filed a motion for leave to file a second amended complaint. (Docket No. 21.) On June 10, 2014, Magistrate Judge Nita L. Stormes issued a Report and Recommendation recommending the Court grant Plaintiff James Eusse, Jr.'s motion for leave to file a second amended complaint and deny Defendants' motion to dismiss as moot. (Docket No.23.) Any objections to the Report and Recommendation were due June 24, 2014. ( Id. ) Neither party has 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. 7Z(b)(3); see also 28 U.S.C. § 636(b)(1). "The 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, Reyna-Tapia, 328 F.3d at 1121.
In the absence of any objections, the Court fully ADOPTS Judge Stormes' Report and Recommendation. Plaintiffs motion for leave to file a second amended complaint is GRANTED, and Defendants' motion to dismiss is DENIED as moot.
Plaintiff shall file his second amended complaint on or ...