Opinion
Case No.: 15CV704 BEN (WVG)
03-04-2016
EBRAHIM MUSSA MOHAMED, Plaintiff, v. CYNTHIA TAMPKINS, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION DENYING MOTION TO STAY
[Docket Nos. 9, 21]
Petitioner Ebrahim Mussa Mohamed filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on March 30, 2015. (Docket No. 1.) On June 3, 2015, Petitioner filed the Motion to Stay presently before the Court. (Docket No. 9.) A briefing schedule was issued and an Opposition to the Motion to Stay was filed. (Docket Nos. 6-7.)
On February 3, 2016, Magistrate Judge William V. Gallo issued a thoughtful and thorough Report and Recommendation recommending this Court deny Petitioner's Motion to Stay. (Docket No. 21.) Any objections to the Report and Recommendation were due February 23, 2016. (Id.) Petitioner has not filed any objections. For the reasons that follow, the Report and Recommendation is ADOPTED. ///
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); 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.
The Court has considered and agrees with the Report and Recommendation. The Court ADOPTS the Report and Recommendation. Petitioner's Motion to Stay is DENIED.
IT IS SO ORDERED. Dated: March 4, 2016
/s/_________
Hon. Roger T. Benitez
United States District Judge