Rogers v. Giurbino et al

Filing 83

ORDER ADOPTING REPORT AND RECOMMENDATION. Court approves and adopts in full Magistrate Judge Brook's 67 Report and Recommendation. Denying Plaintiff's 44 Motion for Default Judgment. Signed by Judge Irma E. Gonzalez on 12/18/2012. (All non-registered users served via U.S. Mail Service) (jah)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TYRONE ROGERS,
Plaintiff,

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CASE NO. 11-CV-560-IEG (RBB)
ORDER:
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vs.

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ADOPTING REPORT AND
RECOMMENDATION;

[Doc No. 67]
G.J. GIURBINO, et al.,

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Defendants.

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DENYING MOTION FOR
DEFAULT JUDGMENT

[Doc. No. 44]

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Before the Court is Magistrate Judge Ruben B. Brooks’s Report and Recommendation (“R

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& R”), [Doc. No. 67], recommending that the Court deny Plaintiff’s motion for default judgment,

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[Doc. No. 44]. The deadline for filing objections thereto passed October 19, 2012. [See Doc. No.

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67 at 40.]

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The Court reviews de novo those portions of the R & R to which objections are made, and

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may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the

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magistrate judge.” 28 U.S.C. § 636(b)(1). However, “[t]he statute makes it clear that the district

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judge must review the magistrate judge’s findings and recommendations de novo if objection is

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made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en

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banc) (emphasis in original). “Neither the Constitution nor the statute requires a district judge to

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review, de novo, findings and recommendations that the parties themselves accept as correct.” Id.

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Here, the deadline for objections passed over a month ago without any objections being
filed, and thus the Court may adopt the R & R on that basis alone. See id. Having reviewed and
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11cv560

finding sound Magistrate Judge Brooks’s R & R, the Court approves and ADOPTS IN FULL the
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R & R. See 28 U.S.C. § 636(b)(1). Thus, Plaintiff’s motion for default judgment is hereby

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DENIED.

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IT IS SO ORDERED.
DATED:

December 18, 2012

______________________________
IRMA E. GONZALEZ
United States District Judge

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11cv560