LE v. GRADY

Full title: THO TRONG LE, Plaintiff, v. M. RESLER, K. GRADY, Defendants

Court: United States District Court, S.D. California

Date published: Dec 25, 2009

CASE NO. 08CV1417 BEN (NLS) (S.D. Cal. Dec. 25, 2009)

Opinion

CASE NO. 08CV1417 BEN (NLS).

December 25, 2009

ORDER ADOPTING REPORT AND RECOMMENDATION

ROGER BENITEZ, District Judge

Plaintiff Tho Trong Le, a state prisoner proceeding pro se and informa pauperis, filed a civil rights Complaint pursuant to 42 U.S.C. § 1983. Dkt. No. 1. On April 24, 2009, Defendants moved to dismiss. Dkt. No. 12. On September 9, 2009, Magistrate Judge Nita L. Stormes issued a Report and Recommendation recommending that Defendants' Motion to Dismiss be granted. Dkt. No. 14. Any objections to the Report and Recommendation were due October 2, 2009. Id. Plaintiff has not filed objections or requested an extension of time to do so.¹ For the reasons stated below, the Court adopts the well-reasoned Report and Recommendation of the Magistrate Judge and GRANTS Defendants' Motion to Dismiss.

1 Additionally, the Court notes that Plaintiff never filed any opposition to the motion to dismiss, despite the Magistrate Judge sua sponte granting Plaintiff an extension of time to file an opposition.

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), cert denied, 540 U.S. 900 (2003) (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.

In the absence of any objections, the Court ADOPTS in full the Magistrate Judge's Report and Recommendation and GRANTS Defendants' Motion to Dismiss.

IT IS SO ORDERED.