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Storey v. Paramo, 17cv23-LAB (MSB). (2019)

Court: District Court, N.D. California Number: infdco20190828a11 Visitors: 9
Filed: Aug. 27, 2019
Latest Update: Aug. 27, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION; AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS LARRY ALAN BURNS , District Judge . This amended order replaces the order signed August 26, 2019 (Docket no. 26.) The Clerk is directed to replace that order with this one. Petitioner Dontaze Storey, a prisoner in state custody, filed his petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The matter was referred to Magistrate Judge Michael Berg who, on March 22, 2019, issued his re
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ORDER ADOPTING REPORT AND RECOMMENDATION; AND

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

This amended order replaces the order signed August 26, 2019 (Docket no. 26.) The Clerk is directed to replace that order with this one.

Petitioner Dontaze Storey, a prisoner in state custody, filed his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter was referred to Magistrate Judge Michael Berg who, on March 22, 2019, issued his report and recommendation (the "R&R"). Judge Berg's R&R set forth a thorough account of the procedural history and analysis Storey's claims, and recommended denying the petition.

The Court granted three separate extensions of time for Storey to file his objections to the R&R, most recently extending the deadline to August 12, 2019. Still, he has filed no objections.

A district court has jurisdiction to review a Magistrate Judge's report and recommendation on dispositive matters. Fed. R. Civ. P. 72(b). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Id. "A judge of the court 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). This section does not require some lesser review by the district court when no objections are filed. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). The "statute 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." United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (emphasis in original).

The Court has reviewed the R&R, finds it to be correct, and ADOPTS it. The Petition is DENIED.

IT IS SO ORDERED.

Source:  Leagle

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