United States of America v. Dunford

Filing 29

ORDER adopting 28 the Report and Recommendation and Granting 16 Application For Writ of Garnishments. Signed by Judge M. James Lorenz on 7/19/2012. (All non-registered users served via U.S. Mail Service)(mtb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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11 UNITED STATES OF AMERICA,
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Plaintiff,

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14 KAREN DUNFORD,
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Defendant.

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Civil No. 09cv2578 L(WVG)
ORDER ADOPTING THE REPORT
AND RECOMMENDATION AND
GRANTING APPLICATION FOR
WRIT OF GARNISHMENT [doc.
#16]

Plaintiff filed a complaint for money damages alleging defendant’s failure to pay her

18 outstanding U.S. Department of Education Student Loan debt. Judgment was entered against the
19 defendant on March 24, 2010. Plaintiff filed an Application for Writ of Continuing Garnishment
20 against defendant requesting the Court’s permission to garnish 25 percent of her wages.
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The matter was referred to the magistrate judge for consideration of the Application and

22 the preparation of a Report and Recommendation ("Report") under 28 U.S.C. § 636(b)(1)(B) and
23 Civil Local Rule 72.3. The garnishment hearing was held on May 30, 2012. After reviewing the
24 applicable documents and the arguments of the parties at the garnishment hearing, the magistrate
25 judge entered a Report which recommended that plaintiff’s application be granted.
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In reviewing a magistrate judge’s report and recommendation, the district court “shall

27 make a de novo determination of those portions of the report . . . to which objection is made,”
28 and “may accept, reject, or modify, in whole or in part, the findings or recommendations made
09cv2578

1 by the magistrate judge.” 28 U.S.C. § 636(b)(1). Under this statute, “the district judge must
2 review the magistrate judge’s findings and recommendations de novo if objection is made, but
3 not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc)
4 (emphasis in original).
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Here, defendant has neither filed objections to the Report nor sought additional time in

6 which to file objections. Because the Report is unopposed, and the magistrate judge has carefully
7 and fully considered the arguments of the parties, the Court will adopt the Report.
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Based on the foregoing, the Report and Recommendation is ADOPTED in its entirety;

9 and the Petition for Continuing Garnishment is GRANTED.
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IT IS SO ORDERED.

11 DATED: July 19, 2012
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M. James Lorenz
United States District Court Judge

14 COPY TO:
15 HON. WILLIAM V. GALLO
UNITED STATES MAGISTRATE JUDGE
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17 ALL PARTIES/COUNSEL
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09cv2578