Mullenbach v. Gardner et al
Filing
27
ORDER ADOPTING REPORT AND RECOMMENDATIONS adopting 25 Report and Recommendations, granting 15 Motion for Summary Judgment,, filed by Brad Gardner, Brent Reinke; Pla's complaint is dismissed in its entirety. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
MATTHEW MULLENBACH,
Plaintiff,
vs.
BRAD GARDNER, et al,
Defendants.
)
)
) Case No. CV10-418-E-EJL
)
) ORDER ADOPTING REPORT
) AND RECOMMENDATION
)
)
)
)
On February 29, 2012, United States Magistrate Judge Mikel H. Williams issued a
Report and Recommendation (Dkt. 25) in this matter. Pursuant to 28 U.S.C. § 636(b)(1), the
parties had fourteen days in which to file written objections to the Report and
Recommendation. No objections were filed by the parties.
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court “may accept, reject, or modify, in
whole or in part, the findings and recommendations made by the magistrate judge.”
Moreover, this Court “shall make a de novo determination of those portions of the report
which objection is made.” Id. In United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th
Cir. 2003), the court interpreted the requirements of 28 U.S.C. 636(b)(1)(C):
The statute [28 U.S.C. § 636(b)(1)(C)] makes it clear that the district judge
must review the magistrate judge's findings and recommendations de novo if
objection is made, but not otherwise. As the Peretz Court instructed, “to the
extent de novo review is required to satisfy Article III concerns, it need not be
exercised unless requested by the parties.” Peretz, 501 U.S. at 939 (internal
citation omitted). Neither the Constitution nor the statute requires a district
judge to review, de novo, findings and recommendations that the parties
themselves accept as correct. See Ciapponi, 77 F.3d at 1251 (“Absent an
objection or request for review by the defendant, the district court was not
required to engage in any more formal review of the plea proceeding.”); see
also Peretz, 501 U.S. at 937-39 (clarifying that de novo review not required for
Article III purposes unless requested by the parties) . . . .
See also Wang v. Masaitis, 416 F.3d 993, 1000 & n.13 (9th Cir. 2005). In this case, no
objections were filed so the Court need not conduct a de novo determination of the Report
ORDER - Page 1
and Recommendation. The Court did, however, review the Report and Recommendation
and the record in this matter and finds the Report and Recommendation to be well-founded
in the law based on the facts of this particular case.
THEREFORE, IT IS HEREBY ORDERED that the Report and Recommendation
(Dkt. 25) shall be INCORPORATED by reference and ADOPTED in their entirety.
IT IS THEREFORE ORDERED:
Defendants Brad Gardner and Brent Reinke’s Motion for Summary Judgment (Dkt.
15) is GRANTED and Plaintiff’s Complaint is DISMISSED IN ITS ENTIRETY.
DATED: March 1, 2012
Honorable Edward J. Lodge
U. S. District Judge
ORDER - Page 2
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