United States v. Daung

Full title: UNITED STATES OF AMERICA, Plaintiff, v. MAKARA DAUNG, Defendant.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Jul 7, 2017

CASE NO. 13cr1789-LAB (S.D. Cal. Jul. 7, 2017)

Opinion

CASE NO. 13cr1789-LAB

07-07-2017

UNITED STATES OF AMERICA, Plaintiff, v. MAKARA DAUNG, Defendant.

HONORABLE LARRY ALAN BURNS United States District Judge

ORDER ADOPTING REPORT AND RECOMMENDATION

On Monday, August 26, 2013, Attorney William Brown, submitted a CJA voucher for the representation of defendant Makara Daung in this case. The voucher was referred by this Court to Magistrate Judge William V. Gallo for Report and Recommendation (R&R). On December 12, 2013, Judge Gallo recommended Mr. Brown's CJA voucher be denied in total. For unknown reasons, Judge Gallo's R&R only recently came to this Court's attention.

A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. Fed. R. Civ. P. 72(b). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Id. "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). This section does not require some lesser review by the district court when no objections are filed. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). 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 (9^th Cir. 2003) (en banc), (emphasis in the original).

The statutory provision does not require that the district court conduct some lesser review when no objections are filed. Thomas, 474 U.S. at 149-50 ("It does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions under a de novo or any other standard when neither party objects to those findings").

This Court having reviewed the Report and Recommendation of the Magistrate Judge filed in this case, and no objections having been submitted, this Court adopts the Report and Recommendation of the Magistrate Judge and denies the CJA voucher in total.

IT IS SO ORDERED. DATED: July 7, 2017

/s/_________

HONORABLE LARRY ALAN BURNS

United States District Judge