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Patton v. Beard

United States District Court, S.D. California

April 20, 2015

DARREN LEE PATTON, JR., Petitioner,
v.
JEFFREY BEARD, Secretary, Respondent.

ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING MOTION TO STAY [Docket Nos. 17, 21]

ROGER T. BENITEZ, District Judge.

Petitioner Darren Lee Patton, Jr., a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Docket No. 1.) On December 22, 2014, Petitioner filed a Motion to Stay. (Docket No. 17.) On January 22, 2015, Respondent filed an Opposition and on February 9, 2015 Petitioner filed a Reply. (Docket Nos. 19, 20.) On February 27, 2015, the Magistrate Judge issued a thoughtful and thorough Report and Recommendation recommending that the Motion to Stay be granted pursuant to Kelly v. Small, 315 F.3d 1063 (9th Cir. 2003), overruled on other grounds by Robbins v. Carey, 481 F.3d 1143 (9th Cir. 2007). (Docket No. 21.) Objections to the Report and Recommendation were due by March 20, 2015. ( Id. ) No objections have been filed. For the reasons stated below, 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); 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.

In the absence of any objections, the Court fully ADOPTS the Report and Recommendation. The Motion to Stay is GRANTED.

IT IS SO ORDERED.


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