Mohamed v. Tampkins

Filing 22

ORDER ADOPTING REPORT AND RECOMMENDATION and Denying Motion to Stay ( 9 , 21 ). Signed by Judge Roger T. Benitez on 3/4/2016.(All non-registered users served via U.S. Mail Service)(knb)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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EBRAHIM MUSSA MOHAMED,
Plaintiff,

Case No.: 15CV704 BEN (WVG)
ORDER ADOPTING REPORT AND
RECOMMENDATION DENYING
MOTION TO STAY

v.
CYNTHIA TAMPKINS,

[Docket Nos. 9, 21]

Defendant.

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Petitioner Ebrahim Mussa Mohamed filed a Petition for Writ of Habeas Corpus

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pursuant to 28 U.S.C. § 2254 on March 30, 2015. (Docket No. 1.) On June 3, 2015,

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Petitioner filed the Motion to Stay presently before the Court. (Docket No. 9.) A

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briefing schedule was issued and an Opposition to the Motion to Stay was filed. (Docket

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Nos. 6-7.)
On February 3, 2016, Magistrate Judge William V. Gallo issued a thoughtful and

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thorough Report and Recommendation recommending this Court deny Petitioner’s

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Motion to Stay. (Docket No. 21.) Any objections to the Report and Recommendation

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were due February 23, 2016. (Id.) Petitioner has not filed any objections. For the

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reasons that follow, the Report and Recommendation is ADOPTED.

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15CV704 BEN (WVG)

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A district judge “may accept, reject, or modify the recommended disposition” of a

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magistrate judge on a dispositive matter. Fed. R. Civ. P. 72(b)(3); see also 28 U.S.C.

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§ 636(b)(1). “[T]he district judge must determine de novo any part of the [report and

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recommendation] that has been properly objected to.” Fed. R. Civ. P. 72(b)(3).

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However, “[t]he statute makes it clear that the district judge must review the magistrate

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judge’s findings and recommendations de novo if objection is made, but not otherwise.”

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United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc); see also

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Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005). “Neither the Constitution nor

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the statute requires a district judge to review, de novo, findings and recommendations

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that the parties themselves accept as correct.” Reyna-Tapia, 328 F.3d at 1121.
The Court has considered and agrees with the Report and Recommendation. The

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Court ADOPTS the Report and Recommendation. Petitioner’s Motion to Stay is

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DENIED.

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IT IS SO ORDERED.

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Dated: March 4, 2016

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15CV704 BEN (WVG)