Bobby Bejarano v. Kim Holland

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION 21 , and Denying Petition for Writ of Habeas Corpus. Signed by Judge Larry Alan Burns on 8/11/15. (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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BOBBY BEJARANO,

CASE NO. 14cv947-LAB (JMA)
Petitioner,

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ORDER ADOPTING REPORT AND
RECOMMENDATION; AND

vs.
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ORDER DENYING PETITION FOR
WRIT OF HABEAS CORPUS

KIM HOLLAND, Warden,
Respondent.

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Petitioner Bobby Bejarano filed a petition for writ of habeas corpus pursuant to 28

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U.S.C. § 2254. This matter was referred to Magistrate Judge Jan Adler for report and

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recommendation, as provided by 28 U.S.C. § 636 and Fed. R. Civ. P. 72. On July 16, Judge

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Adler issued his report and recommendation (the "R&R"), recommending that the petition be

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denied. Objections to the R&R were due July 31, 2015 but none have been received or filed.

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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." Rule 72(b)(3). "A judge of the court may accept, reject, or modify, in whole or

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in part, the findings or recommendations made by the magistrate judge."

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§ 636(b)(1). This section does not require some lesser review by the district court when no

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objections are filed. Thomas v. Arn, 474 U.S. 140, 149–50 (1985). The statute makes it

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28 U.S.C.

14cv947

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clear that the district judge must review the magistrate judge's findings and recommendations

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de novo if objection is made, but not otherwise. United States. v. Reyna-Tapia, 328 F.3d

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1114, 1121 (9th Cir. 2003) (en banc).

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Although de novo review is not required, the Court has reviewed the R&R and finds

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it both reasonable and correct. The Court ADOPTS the R&R, and the petition is DENIED.

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IT IS SO ORDERED.
DATED: August 11, 2015

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HONORABLE LARRY ALAN BURNS
United States District Judge

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14cv947