Mourning
Mourning v. McDowell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JEFFERY LEE MOURNING, Case No.: 3:20-cv-00786-WQH-NLS
ORDER
Petitioner, 13 v. 14 NEIL MCDOWELL, Warden, et. 15 al., 16 Respondents. HAYES, Judge: The matter before the Court is the Report and Recommendation issued by the Magistrate Judge (ECF No. 20). The duties of the district court in connection with a report and recommendation of a magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 636(b). The district judge 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 or in part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). The district court need not review de novo those portions of a Report and Recommendation to which neither party objects. See Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 2005); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (“Neither the 1 ||…