Opinion
Case No.: 14-cv-2911-BEN (NLS)
12-30-2015
JAVON LAMAR TORBERT, Plaintiff, v. WILLIAM D. GORE, et al., Defendants.
ORDER:
(1) ADOPTING REPORT AND RECOMMENDATION
(2) DENYING MOTION FOR LEAVE TO AMEND COMPLAINT
On December 9, 2014, Plaintiff Javon Lamar Torbert, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42 U.S.C. § 1983. (Docket No. 1.) On October 20, 2015, Plaintiff filed a motion for leave to file a first amended complaint in order to substitute five individuals in the place of doe defendants. (Docket No. 46.) On November 10, 2015, the Magistrate Judge issued a thoughtful and thorough Report and Recommendation recommending that Plaintiff's motion be denied. (Docket No. 51.) Objections to the Report were due by December 4, 2015. (Id.) No objections have been filed. For the reasons stated below, the Report 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.
Albeit not required, this Court reviewed the matter de novo. The Court fully ADOPTS the Report and Recommendation. Plaintiff's motion is DENIED.
IT IS SO ORDERED. Dated: December 30, 2015
/s/_________
Hon. Roger T. Benitez
United States District Judge