McCloud

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WILLIE MCCLOUD, Case No.: 3:19-cv-00618-WQH-JLB

ORDER

Plaintiff, 13 v.

T. BIRD-HUNT, et al.,

16 Defendants. 17 HAYES, Judge: 18 The matters before the Court are the Motion to Dismiss filed by Defendants (ECF 19 No. 10) and the Report and Recommendation issued by the Magistrate Judge (ECF No. 20 17). 21 The duties of the district court in connection with a report and recommendation of a 22 magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 23 636(b). The district judge must “make a de novo determination of those portions of the 24 report . . . to which objection is made,” and “may accept, reject, or modify, in whole or in 25 part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b). The 26 district court need not review de novo those portions of a Report and Recommendation to 27 which neither party objects. See Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 28 ||}2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en …