Watkins v. Sherman

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION 14 Re: Petition for Writ of Habeas Corpus 1 . The habeas petition is denied. Signed by Judge Larry Alan Burns on 7/15/15. (All non-registered users served via U.S. Mail Service)(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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TERRENCE WATKINS,

CASE NO. 14-cv-260-LAB-BGS
Plaintiff,

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vs.
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STU SHERMAN,

ORDER ADOPTING REPORT AND
RECOMMENDATION (DOC. NO. 14)
RE: PETITION FOR WRIT OF HABEAS
CORPUS (DOC. NO. 1)

Defendant.

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Watkins filed a Petition for Writ of Habeas Corpus. (Docket no. 1.) Judge Skomal

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issued a report and recommendation (the “R&R”) on Watkins' Petition, recommending that

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it be denied. (Docket no. 14.)

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Objections to the R&R were initially due on January 20, 2015. (Id. at 27.) Watkins

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requested a ninety day extension. (Docket no. 16.) The Court granted Watkins' request,

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extending the objection due date to May 4, 2015, but made clear that "[n]o further extensions

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will be granted absent a showing of extraordinary good cause." (Docket no. 17.)

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didn't file an objection.

Watkins

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"The district judge must determine de novo any part of the magistrate judge’s

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disposition that has been properly objected to." Fed. R. Civ. P. 72(b). "A judge of the court

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

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the magistrate judge." 28 U.S.C. § 636(b)(1). The "statute makes it clear that the district

14-CV-260

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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." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.

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2003) (en banc).

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The Court has nonetheless reviewed the R&R and agrees with its rationale and
conclusions. The R&R is ADOPTED. Watkins' habeas Petition is DENIED.
IT IS SO ORDERED.
DATED: July 15, 2015

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HONORABLE LARRY ALAN BURNS
United States District Judge

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14-CV-260