Williams v. Cash

Full title: BOBBY JAMES WILLIAMS, Petitioner, v. BRENDA CASH, Warden, Respondent.

Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Aug 20, 2012

CASE NO. 11-CV-2234 BEN (WMc) (S.D. Cal. Aug. 20, 2012)

Opinion

CASE NO. 11-CV-2234 BEN (WMc)

08-20-2012

BOBBY JAMES WILLIAMS, Petitioner, v. BRENDA CASH, Warden, Respondent.

ROGER T. BENITEZ

ORDER:

(1) ADOPTING REPORT AND RECOMMENDATION,

(2) GRANTING DEFENDANT'S MOTION TO DISMISS

[Docket Nos. 7, 9]

Petitioner Bobby James Williams, a state prisoner proceeding pro se, filed the instant Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Docket No. 1.) Defendant Brenda Cash filed a Motion to Dismiss the Petition on December 8, 2011. (Docket No. 7.) Petitioner did not file an opposition to the Motion to Dismiss.

Magistrate Judge William McCurine issued a thoughtful and thorough Report and Recommendation recommending that Defendant's Motion to Dismiss be granted. (Docket No. 9.) Any objections to the Report and Recommendation were due July 30, 2012. (Id.)Neither party 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) (emphasis in original); 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.

In the absence of any objections, the Court fully ADOPTS Judge McCurine's Report and Recommendation. Defendants' Motion to Dismiss is GRANTED. The Clerk of Court shall close the file.

IT IS SO ORDERED.

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HON. ROGER T. BENITEZ

United States District Judge