Opinion
Case No. 02-CV-2170 W (AJB).
April 3, 2006
ORDER ADOPTING REPORT AND RECOMMENDATION RE MOTION FOR SUMMARY JUDGMENT
On April 4, 2005 Defendants Kissel, Okamoto, S.D. Richards, Hughey, Butler, Barajaz, Limas, B. Richards, Builteman, and Madden (collectively "Defendants") filed a Motion for Summary Judgment against Plaintiff Damon Dabner ("Plaintiff"), a state prisoner proceeding pro se, under Federal Rules of Civil Procedure, Rule 56. On May 11, 2005 Plaintiff timely filed his Opposition. Defendants Replied on May 31, 2005.
On February 23, 2006 United States Magistrate Judge Anthony J. Battaglia issued a Report and Recommendation ("Report") recommending that the Court grant Defendants' summary judgment motion. Objections to the Report were due no later than March 13, 2006. To date Petitioner has not filed objections to the Report or requested any additional time in which to do so.
A district court's duties concerning a magistrate judge's report and recommendation and a respondent's objections thereto are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. § 636(b)(1). The district judge must make a de novo determination upon the record of any portion of the magistrate judge's disposition to which specific written objection has been made. Fed.R.Civ.Pro. 72(b). When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. Campbell v. United States Dist. Court, 501 F.2D 196, 206 (9th Cir. 1974).
Here, Petitioner has tendered no objections to the Report nor requested an extension of the objection deadline. The Court is satisfied that there is no clear error on the face of the record and therefore accepts Judge Battaglia's recommendation that Defendants' summary judgment motion be GRANTED and ADOPTS the Report in its entirety. For the reasons stated in the Report, which is incorporated herein by reference, the Court GRANTS Defendants Motion for Summary Judgment. (Doc. No. 50-1.). The clerk of the court shall close the district court case file.
IT IS SO ORDERED.