Kane

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MICHAEL D. KANE, Case No.: 3:19-cv-01354-WQH-MDD

ORDER

Petitioner, 13 v.

JOSIE GASTELO,

16 Defendants. 17 HAYES, Judge: 18 The matter before the Court is the Report and Recommendation issued by the 19 Magistrate Judge (ECF No. 19). 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 judge.” 28 U.S.C. § 636(b). 25 The district court need not review de novo those portions of a Report and Recommendation 26 to 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) (“Neither the 28 1 || Constitution nor the [Federal Magistrates Act] requires a district…