John Wesley Noble v. Josie Gastelo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOHN WESLEY NOBLE, Case No.: 3:20-cv-02020-WQH-DEB

Petitioner,

ORDER

v. JOSIE GASTELO, Warden, Respondent. HAYES, Judge: The matters before the Court are the Motion to Dismiss filed by Respondent (ECF No. 14) and the Report and Recommendation issued by the Magistrate Judge (ECF No. 17). 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.…