Opinion
CASE NO. 08cv406 BEN (AJB).
March 2, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION
I INTRODUCTION
Petitioner Edward Reynir Sullivan petitioned for a writ of habeas corpus under 28 U.S.C. § 2254 in the Central District of California. [Doc. No. 1.] The case was transferred to this district. Respondent filed an answer arguing, inter alia, that the petition is untimely. [Doc. No. 9.]
On September 23, 2008, the Honorable Magistrate Judge Anthony J. Battaglia issued a Report and Recommendation, recommending that the petition be denied as untimely. Petitioner did not file objections to the Magistrate Judge's Report and Recommendation. For the reasons stated below, the Court ADOPTS the well-reasoned Report and Recommendation of the Magistrate Judge and DENIES Petitioner's petition.
A district judge "may accept, reject, or modify the recommended disposition" on a dispositive matter prepared by a magistrate judge proceeding without the consent of the parties for all purposes. Fed.R.Civ.P. 72(b); see 28 U.S.C. § 636(b)(1). "[T]he court shall make a de novo determination of those portions of the [report and recommendation] to which objection is made." 28 U.S.C. § 636(b)(1). Section 636(b)(1) does not require some lesser review by the district court when no objections are filed. Thomas v. Arn, 474 U.S. 140, 149-50, 106 S. Ct. 466, 472 (1985). "The 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).
In the absence of any objections, the Court ADOPTS the Report and Recommendation in its entirety and DENIES Petitioner's petition for writ of habeas corpus. The Clerk shall close the file.
IT IS SO ORDERED.