Opinion
No. 1:12-cv-01760-HU
06-20-2014
COLE RICHARD LUSBY, Plaintiff, v. RICK ANGELOZZI, Superintendent, Warner Creek Correctional Facility, Defendant.
OPINION AND ORDER
MOSMAN, J.,
On May 7, 2014, Magistrate Judge Hubel issued his Findings and Recommendation ("F&R") [28] in the above-captioned case, recommending that Mr. Lusby's petition for writ of habeas corpus under 28 U.S.C. § 2254 be denied. Mr. Lusby objected [30]. Mr. Angelozzi did not file a response.
DISCUSSION
The magistrate judge makes only recommendations to the court, to which any party may file written objections. I am not bound by the recommendations of the magistrate judge; instead, I retain responsibility for making the final determination. I am required to review de novo those portions of the report or any specified findings or recommendations within it to which an objection is made. 28 U.S.C. § 636(b)(1). However, I am not required to review, de novo or under any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the F&R to which no objections are addressed. See Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R depends on whether objections have been filed, in either case I am free to accept, reject, or modify any part of the F&R. 28 U.S.C. § 636(b)(1).
Upon review, I agree with Judge Hubel's recommendation, and I ADOPT the F&R [28] as my own opinion.
IT IS SO ORDERED.
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MICHAEL W. MOSMAN
United States District Judge