Kane

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 9 MICHAEL D. KANE, Case No.: 3:19-cv-01354-WQH-MDD

ORDER

Petitioner, 12 v.

JOSIE GASTELO,

15 Respondent. 16 HAYES, Judge: 17 The matters before the Court are the Motion to Dismiss filed by Defendant Josie 18 Gastelo (ECF No. 7) and the Report and Recommendation issued by the Magistrate Judge 19 (ECF No. 9). 20 The duties of the district court in connection with a report and recommendation of a 21 magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 22 636(b). The district judge must “make a de novo determination of those portions of the 23 report . . . to which objection is made,” and “may accept, reject, or modify, in whole or in 24 part, the findings or recommendations made by the magistrate.” 28 U.S.C. § 636(b). The 25 district court need not review de novo those portions of a Report and Recommendation to 26 which neither party objects. See Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 27 2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) 28 …