Dunsmore v. State of California

Opinion

DARRYL DUNSMORE, ANDREE Case No.: 20-cv-00406-AJB-DDL ANDRADE, ERNEST ORDER: ARCHULETA, JAMES CLARK,

(1) ADOPTING THE REPORT AND LANDERS, REANNA LEVY, JOSUE RECOMMENDATION; LOPEZ, CHRISTOPHER NELSON,

(2) DENYING NON-PARTY PEDRO OLIVARES, GUSTAVO SEPULVEDA, RODRIGUEZ’S RENEWED MOTION MICHAEL TAYLOR, and LAURA TO INTERVENE ZOERNER, on behalf of themselves and

all others similarly situated, (Doc. Nos. 280, 351) Plaintiffs, v. SAN DIEGO COUNTY SHERIFF’S DIEGO, SAN DIEGO COUNTY PROBATION DEPARTMENT, and DOES 1 to 20, inclusive, Defendants.

Presently before the Court is Non-Party Pedro Rodriguez’s renewed motion to intervene. (Doc. No. 280.) The Court referred the matter to Magistrate Judge David D. Leshner for a Report and Recommendation (“R&R”), which was issued on June 20, 2023. (Doc. No. 351.) The R&R recommends denying Mr. Rodriguez’s motion to intervene. (/d. at 7.) The parties were instructed to file written objections with the Court on or before July 2023. Ud.) Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b)(1) set forth a district judge’s duties in connection with a magistrate judge’s R&R. The district judge must “make a de novo determination of those portions of the report . . . to which objection is made[,]” “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1); United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). However, in the absence of objection(s), the Court “need only satisfy itself that there is no clear error on the face of the record in order to accept the }recommendation.” Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). In his opposition, Mr. Rodriguez repeats many of the same grievances as in his renewed motion and does not object to any specific portion of the R&R. (See Doc. No. 379.) Having reviewed the R&R, the Court finds it thorough, well-reasoned, and contains /no clear error. Accordingly, the Court hereby: (1) ADOPTS Magistrate Judge Leshner’s R&R in its entirety; and (2) DENIES Mr. Rodriguez’s renewed motion to intervene. Dated: August 17, 2023 © Hon, Anthony J.Battaglia United States District Judge