Sarmiento

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSE ELIAS SARMIENTO, Case No.: 3:20-cv-00930-WQH-AGS

ORDER

Petitioner, 13 v. 14 CHRISTIAN PFEIFFER and

XAVIER BECERRA,

16 Respondents. HAYES, Judge: The matter before the Court is the Motion for Stay and Abeyance filed by Petitioner Jose Elias Sarmiento (ECF No. 4) and the Report and Recommendation issued by the Magistrate Judge (ECF No. 14). 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.…