Storey v. Paramo

Opinion

1 2 3 4 5 6 7 10 11 DONTAZE A. STOREY, Case No.: 17cv23-LAB (MSB)

12 Petitioner, ORDER ADOPTING REPORT AND 13 v. RECOMMENDATION; AND

ORDER DENYING PETITION FOR 15 Respondent. WRIT OF HABEAS CORPUS 16 17 This amended order replaces the order signed August 26, 2019 (Docket no. 26.) The 18 Clerk is directed to replace that order with this one. 19 Petitioner Dontaze Storey, a prisoner in state custody, filed his petition for writ of 20 habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to Magistrate Judge 21 Michael Berg who, on March 22, 2019, issued his report and recommendation (the 22 “R&R”). Judge Berg’s R&R set forth a thorough account of the procedural history and 23 analysis Storey’s claims, and recommended denying the petition. 24 The Court granted three separate extensions of time for Storey to file his objections 25 to the R&R, most recently extending the deadline to August 12, 2019. Still, he has filed 26 no objections. 27 A district court has jurisdiction to review a Magistrate Judge's report and 28 recommendation on dispositive matters. Fed. R. Civ. P. 72(b). “The district judge must 1 ||determine de novo any part of the magistrate judge's disposition that has been properly 2 || objected to.” Jd. “A judge of the court may accept, reject, or modify, in whole or in part, 3 findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1). 4 || This section does not require some lesser review by the district court when no objections 5 filed. Thomas yv. Arn, 474 U.S. 140, 149-50 (1985). The “statute makes it clear that the 6 || district judge must review the magistrate judge's findings and recommendations de novo □ 7 || objection is made, but not otherwise.” United States v. Reyna-Tapia, 328 F.3d 1114, 1121 8 || (9th Cir. 2003) (en banc) (emphasis in original). 9 The Court has reviewed the R&R, finds it to be correct, and ADOPTS it. The 10 || Petition is DENIED. 1] 13 ||Dated: August 27, 2019 bi A By WY Hon. Larry Alan Burns 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28