Webb

These two actions, although not consolidated, present the identical legal issue for decision, namely, what effect is to be given to objections to proposed findings and recommendations made by a United States Magistrate when the objections are not filed within the 10 day period set forth in 28 U.S.C. § 636 (b)(1). That section, part of the Federal Magistrates Act, provides for de novo review of the points to which objection is made when the objections are filed within a 10 day period. Neither the section nor the Act explicitly defines the standard of review applicable when no objections are filed or when objections are untimely. These two actions both come before the court on objections to the proposed findings and recommendations filed by the magistrate, and, in each instance, the objections were not timely filed. Since the same question is presented in both cases, it is appropriate to resolve the matter in a single decision.

The action denominated Webb v. Califano, Civ. S-77-335, was filed June 20, 1977, seeking judicial review of a final decision of the Secretary of Health, Education and Welfare denying plaintiff’s claim for disability insurance benefits under the…