Wilson v. Segovia et al
Filing
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ORDER(1) adopting 53 Report and Recommendation and (2) granting Defendants' 42 Motion for Summary Judgment. Signed by Judge Todd W. Robinson on 11/18/2021. (All non-registered users served via U.S. Mail Service) (fth)
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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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LUCIOUS WILSON,
Case No.: 19-CV-2254 TWR (MDD)
Plaintiff,
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ORDER (1) ADOPTING REPORT &
RECOMMENDATION, AND
(2) GRANTING DEFENDANTS’
MOTION FOR SUMMARY
JUDGMENT.
v.
SGT. SEGOVIA, et al.,
Defendants.
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(ECF Nos. 42, 53)
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Presently before the Court is Defendants’ Motion for Summary Judgment
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(“Motion,” ECF No. 42). Magistrate Judge Mitchell D. Dembin has issued a Report and
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Recommendation on the Motion (“R&R,” ECF No. 53), recommending that the Court grant
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the Motion. Having carefully reviewed the Parties’ arguments, Magistrate Judge Dembin’s
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R&R, the underlying administrative record, and the law, the Court ADOPTS Magistrate
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Judge Dembin’s R&R in its entirety and GRANTS Defendants’ Motion.
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BACKGROUND
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Magistrate Judge Dembin’s R&R contains a thorough and accurate recitation of the
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factual and procedural history underlying the instant Petition. (See R&R at 1–3.) This
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Order incorporates by reference the background as set forth therein.
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19-CV-2254 TWR (MDD)
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LEGAL STANDARD
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When a magistrate judge issues a report and recommendation on a motion pending
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before a district court judge, the district court must “make a de novo determination of those
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portion of the report . . . to which objection is made” and “may accept, reject, or modify,
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in whole or in part, the findings or recommendations made by the magistrate judge.” 28
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U.S.C. § 636(b)(1); see also United States v. Raddatz, 447 U.S. 667, 673–76 (1980); United
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States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). But “[w]hen no timely objection is
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filed, the court need only satisfy itself that there is no clear error on the face of the record
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in order to accept the recommendation.” Fed. R. Civ. P. 72(b) advisory committee’s note
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to 1983 amendment (citing Campbell v. U.S. Dist. Court, 501 F.2d 196, 206 (9th Cir.), cert.
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denied, 419 U.S. 879 (1974)); see also United States v. Reyna-Tapia, 328 F.3d 1114, 1121
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(9th Cir. 2003) (emphasis in original) (“[T]he 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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ANALYSIS
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As of the date of this Order, the Court has received no objections to Magistrate Judge
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Dembin’s R&R. (See R&R at 9 (ordering that any objections be filed no later than January
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29, 2021).) Having reviewed the R&R, the Court finds that it is thorough, well-reasoned,
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and contains no clear error. The Court therefore ADOPTS Magistrate Judge Dembin’s
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R&R in its entirety and GRANTS Defendants’ Motion.
CONCLUSION
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In light of the foregoing, the Court ADOPTS Magistrate Judge Dembin’s R&R
(ECF No. 53) and GRANTS Defendants’ Motion (ECF No. 42).
IT IS SO ORDERED.
Dated: November 18, 2021
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19-CV-2254 TWR (MDD)
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