Opinion
CASE NO. 13-CV-962-LAB-KSC
02-13-2015
ERIC JOSEPH RODRIGUEZ, Plaintiff, v. M. D. BITTER, Warden, Defendant.
ORDER ADOPTING REPORT & RECOMMENDATION
Rodriguez filed a habeas petition pursuant to 28 U.S.C. § 2254 on April 22, 2013. Pursuant to 28 U.S.C. § 636, the petition was referred to Magistrate Judge Crawford for Report and Recommendation ("R&R"). Judge Crawford issued her R&R on November 7, 2014, recommending that Rodriguez's petition be denied. Judge Crawford ordered that any objections to the R&R be filed by December 12, 2014. Rodriguez has filed no objections.
"The court shall make a de novo determination of those portions of the [R&R] to which objection is made." § 636(b). Moreover, § 636(b)(1) does not require some lesser review by the district court when no objections are filed. Thomas v. Am, 474 U.S. 140, 149-50 (1985). The Ninth Circuit has determined that 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) (emphasis in original).
The Court has reviewed the R&R and finds it correct. The R &R is ADOPTED and the petition is DENIED.
IT IS SO ORDERED. DATED: February 13, 2015
/s/_________
HONORABLE LARRY ALAN BURNS
United States District Judge