Opinion
Case No.: 16cv2659-MMA (AGS)
11-20-2017
IRWIN GUZMAN, Petitioner, v. SPEARMAN, Warden, Respondent.
ORDER ADOPTING RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; AND
[Doc. No. 36]
GRANTING PETITIONER'S MOTION TO AMEND PETITION
[Doc. No. 31]
Petitioner Irwin Guzman ("Guzman"), a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 ("Petition"). See Doc. No. 1. On September 27, 2017, Guzman filed a motion to amend the Petition. See Doc. No. 31. The matter was referred to United States Magistrate Judge Andrew G. Schopler for preparation of a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1), and Civil Local Rule HC.2. Judge Schopler has issued thorough Report recommending that Guzman's motion to amend the Petition be granted. See Doc. No. 36.
Pursuant to Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1), the Court must "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); see also United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). Objections to the Report and Recommendation were due no later than November 15, 2017. See Doc. No. 36 at 3. To date, no objections have been filed.
The Clerk of Court served Guzman with a copy of the Report and Recommendation via U.S. Mail on November 1, 2017. See Doc. No. 36. The Court notes that prior to the issuance of the Report and Recommendation, Respondent filed a response to Guzman's motion noting that it "does not oppose Petitioner's motion to amend his Petition[.]" Doc. No. 34 at 7. --------
Accordingly, the Court finds that Judge Schopler has issued an accurate and well-reasoned Report and Recommendation. Thus, the Court ADOPTS the Recommendation to grant Guzman's motion to amend and GRANTS Guzman leave to amend the Petition.
The assigned magistrate judge is directed to issue a briefing schedule modifying the original briefing schedule issued in this case. See Doc. No. 14.
IT IS SO ORDERED. DATE: November 20, 2017
/s/_________
HON. MICHAEL M. ANELLO
United States District Judge