Redd v. Trimble et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION 13 , and denying the Petition for Writ of Habeas Corpus. Signed by Judge Larry Alan Burns on 5/10/12. (All non-registered users served via U.S. Mail Service)(kaj)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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DAVID ANDREW REDD,

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CASE NO. 11cv1275-LAB (WMc)
Petitioner,

ORDER ADOPTING REPORT
AND RECOMMENDATION; AND

vs.
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ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS

TRIMBLE, Warden,
Respondent.

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Petitioner David Redd is a prisoner in state custody. The petition was referred to

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Magistrate Judge William McCurine for report and recommendation. After receiving briefing,

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Judge McCurine on November 8, 2011 issued his report and recommendation (the “R&R”),

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which recommended denying the petition. The R&R required that objections be filed no later

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than November 29, 2011, but no objections have been filed nor has Redd filed anything else

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nor sought additional time in which to do so.

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A district court has jurisdiction to review a Magistrate Judge's report and

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recommendation on dispositive matters. Fed. R. Civ. P. 72(b). "The district judge must

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determine de novo any part of the magistrate judge's disposition that has been properly

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objected to." Id. "A judge of the court may accept, reject, or modify, in whole or in part, the

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findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). This

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section does not require some lesser review by the district court when no objections are filed.

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11cv1275

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Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The "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

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is made, but not otherwise." U.S. v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en

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banc); see Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1225–26 & n.5 (D.Ariz. 2003)

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(applying Reyna-Tapia to habeas review).

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The Court has reviewed the R&R, finds it to be correct, and ADOPTS it. The Petition
is DENIED.

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IT IS SO ORDERED.
DATED: May 10, 2012

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HONORABLE LARRY ALAN BURNS
United States District Judge

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11cv1275