Opinion
CASE NO. 11cv2569-LAB (RBB)
07-24-2013
ROBERT ARISTO GALLARDO III, Petitioner, v. GEORGE NEOTTI, Warden, Respondent.
ORDER ADOPTING REPORT
AND RECOMMENDATION; AND
ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS
Petitioner Robert Gallardo filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent filed an answer, but Gallardo filed no traverse. This matter was referred to Magistrate Judge Ruben Brooks for report and recommendation pursuant to 28 U.S.C. § 636(b). Judge Brooks issued his report and recommendation, which recommended denying the petition. Gallardo has filed no objections to the report and recommendation.
A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. Fed. R. Civ. P. 72(b). The Court reviews de novo those portions of the R&R to which specific written objection is made. United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). "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." Id. When no objections are filed, the Court need not conduct a de novo review. Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005).
The Court has reviewed the reoprt and recommendation, finds it to be correct, and ADOPTS it. The petition is DENIED.
IT IS SO ORDERED.
____________________________
HONORABLE LARRY ALAN BURNS
United States District Judge