Siegel v. Neuschmid

Opinion

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7 UNITED STATES DISTRICT COURT... FERRET 8 SOUTHERN DISTRICT OF CALIFORNIA“ — □□ 9 10 || JOSHUA SIEGEL, . Case No.: 18-cv-2493-WQH-BGS 11 Petitioner, ORDER > 12 || . . 13 || ROBERT NEUSCHMID: 14 XAVIER BECERRA, The: Attorney General of the State of 15 || California, . fo 16 Respondents. 17 HAYES, Judge: □ . 18 The matters before the Court are the Motion to Dismiss the Petition for Writ of 19 || Habeas Corpus as Untimely filed by Respondent Robert Neuschmid (ECF No. 6) and the 20 Report and. Recommendation issued by the Magistrate Judge (ECF ‘No. 9) recommending 21 |! that the Court grant Respondent’s Motion to Dismiss. 22 The duties of the district court in connection with a report and recommendation of a 23 || magistrate judge are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 24 1US.C. § 636(b). The district judge must “make a de novo determination of those portions 25 of the report... to which objection is made,” and “may accept, reject, or modify, in whole 26 Il or in part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 27 636(b){1). The district court need not review de novo those portions of a report and 28 |! recommendation to which neither party objects. See Wang v. Masaitis, 416 F.3d 992, 1000

I }/n. 13 (9th Cir. 2005); United States y. Reyna-Ti apia, 328 F.3d 1114, 1121 (9th Cir. 2003 2 |; (en banc) (“Neither the Constitution nor the [Magistrates Act] requires a district judge t 3 ||review, de novo, findings and recommendations that the parties themselves accept a 4 correct.”),- No party has filed an objection to the Report and Recommendation. The Court ha: 6 |/reviewed the Report and Recommendation, the record, and the submissions of the parties. 7, IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 9) is adopted in its entirety, Respondent’s Motion to Dismiss (ECF No. 6) is granted. The 9 || Petition for Writ of Habeas Corpus is dismissed. tof} / 11 |}/DATED: 2/ [ze 12 WILLIAM Q. HAY, United States Distr Au Judge 13 oe □ 14 15 16 17 || - □ 18 |{

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