Kerbs et al v. Madison County et al

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATION. THEREFORE, IT IS HEREBY ORDERED the Report and Recommendation 34 shall be INCORPORATED by reference and ADOPTED in its entirety. IT IS THEREFORE ORDERED that Defendants' Motion for Attorney's Fees 27 is DENIED. 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 (st)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO NATHAN KERBS and HOLLY KERBS, Case No. 4:12-CV-00178-EJL-CWD Plaintiffs, ORDER ADOPTING REPORT AND RECOMMENDATION v. MADISON COUNTY, a political subdivision of the State of Idaho, and MADISON COUNTY SHERIFF’S DEPARTMENT, a political subdivision of Madison County, Idaho, Defendants. On July 25, 2014, United States Magistrate Judge Candy W. Dale issued a Report and Recommendation (Dkt. 34) 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 ORDER ADOPTING REPORT AND RECOMMENDATION - 1 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 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 wellfounded in the law based on the facts of this particular case. THEREFORE, IT IS HEREBY ORDERED the Report and Recommendation (Dkt. 34) shall be INCORPORATED by reference and ADOPTED in its entirety. IT IS THEREFORE ORDERED that Defendants’ Motion for Attorney’s Fees (Dkt. 27) is DENIED. DATED: September 4, 2014 Honorable Edward J. Lodge U. S. District Judge ORDER ADOPTING REPORT AND RECOMMENDATION - 2

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