Gadsden

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 RONALD EARL GADSDEN, Case No.: 3:20-cv-02258-WQH-DEB

Plaintiff,

ORDER

v. JOHN GEHRIS, Deputy Sheriff; and MICHAEL MCGRATH, 15 Deputy Sheriff, 16 Defendants. 17 HAYES, Judge: 18 The matters before the Court are the Motion to Dismiss filed by Defendant John 19 Gehris (ECF No. 4) and the Report and Recommendation issued by the Magistrate Judge 20 (ECF No. 23). 21 The duties of the district court in connection with a report and recommendation of a 22 magistrate judge are set forth in Federal Rule of Civil Procedure 72(b) and 28 U.S.C. § 23 636(b). The district judge must “make a de novo determination of those portions of the 24 report . . . to which objection is made” and “may accept, reject, or modify, in whole or in 25 part, the findings or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b). 26 The district court need not review de novo those portions of a Report and Recommendation 27 to which neither party objects. See Wang v. Masaitis, 416 F.3d 992, 1000 n.13 (9th Cir. 28 …