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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BOBBY BEJARANO, CASE NO. 14cv947-LAB (JMA) Petitioner, 12 ORDER ADOPTING REPORT AND RECOMMENDATION; AND vs. 13 14 15 ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS KIM HOLLAND, Warden, Respondent. 16 17 Petitioner Bobby Bejarano filed a petition for writ of habeas corpus pursuant to 28 18 U.S.C. § 2254. This matter was referred to Magistrate Judge Jan Adler for report and 19 recommendation, as provided by 28 U.S.C. § 636 and Fed. R. Civ. P. 72. On July 16, Judge 20 Adler issued his report and recommendation (the "R&R"), recommending that the petition be 21 denied. Objections to the R&R were due July 31, 2015 but none have been received or filed. 22 A district court has jurisdiction to review a Magistrate Judge's report and 23 recommendation on dispositive matters. Fed. R. Civ. P. 72(b). "The district judge must 24 determine de novo any part of the magistrate judge's disposition that has been properly 25 objected to." Rule 72(b)(3). "A judge of the court may accept, reject, or modify, in whole or 26 in part, the findings or recommendations made by the magistrate judge." 27 § 636(b)(1). This section does not require some lesser review by the district court when no 28 objections are filed. Thomas v. Arn, 474 U.S. 140, 149–50 (1985). The statute makes it -1- 28 U.S.C. 14cv947 1 clear that the district judge must review the magistrate judge's findings and recommendations 2 de novo if objection is made, but not otherwise. United States. v. Reyna-Tapia, 328 F.3d 3 1114, 1121 (9th Cir. 2003) (en banc). 4 Although de novo review is not required, the Court has reviewed the R&R and finds 5 it both reasonable and correct. The Court ADOPTS the R&R, and the petition is DENIED. 6 7 8 IT IS SO ORDERED. DATED: August 11, 2015 9 10 HONORABLE LARRY ALAN BURNS United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 14cv947

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