Johnson v. Nelson

ORDER ADOPTING REPORT AND RECOMMENDATION

On September 28, 2000 Petitioner Samuel M. Johnson (“Petitioner”), proceeding pro se, submitted this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Petitioner challenges his civil commitment to the California Department of Mental Health under the Sexually Violent Predator Act (“SVP Act”), California Welfare and Institutions Code § 6600 et seq.

On February 22, 2001 United States Magistrate Judge Anthony J. Battaglia issued a Report and Recommendation (“Report”) describing the reasons why Petitioner’s habeas petition should be denied with prejudice. The parties were permitted to file objections to the Report, if any, no later than April 4, 2001. To date, no party has submitted objections to the Report nor requested additional time in which to do so.

I.Legal Standard

The duties of the district court in connection with a Magistrate Judge’s Report and Recommendation are set forth in Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. § 686 (b)(1). The district court “must make a de novo determination of those portions of the report ... to which objection is made,” and “may accept, reject, or modify, in whole…