Andrade v. Johnson
- Proceeding
- district
- Area
- civil
- Panel
- Michael M. Anello (author)
Analysis
The court reviewed a Report and Recommendation recommending the denial of a state prisoner's motion to dismiss a habeas corpus petition as untimely. The court adopted the Report and Recommendation and denied the motion to dismiss.
| What the court decided | Standard it applied | The model |
|---|---|---|
Adopted the Report and Recommendation of the Magistrate Judge in its entirety.“The Court therefore ADOPTS the Report and Recommendation in its entirety” | de novo | agree with court The court correctly applied the standard for reviewing a Report and Recommendation under 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b). Since no objections were filed, the court was not required to conduct a de novo review of specific portions but could accept the recommendation. The court found the report accurate and well-reasoned, providing a sufficient basis for adoption. |
Denied Respondent's Motion to Dismiss.“and DENIES Respondent’s motion to dismiss.” | de novo | agree with court The denial of the motion to dismiss follows directly from the adoption of the Magistrate Judge's recommendation. The order recites that the Magistrate Judge issued a 'thorough and well-reasoned Report recommending that the motion be denied.' While the specific legal reasoning for the timeliness determination is contained in the underlying Report (Doc. No. 11) rather than this order, the procedural mechanism for adopting that recommendation and denying the motion is legally sound. |
The order itself: sound — The order is procedurally sound. It correctly identifies the applicable statutes and rules for reviewing a magistrate's report. It notes that no objections were filed, which simplifies the review process. It explicitly states its finding that the report is accurate and well-reasoned before adopting it. The order is concise but contains all necessary elements for a valid adoption order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 MARTIN GABRIEL ANDRADE, Case No.: 20-cv1147-MMA (RBM) 11 ORDER ADOPTING REPORT AND 12 Petitioner, RECOMMENDATION OF UNITED v. STATES MAGISTRATE JUDGE; 13 RAYBON JOHNSON, [Doc. No. 11] 14 DENYING RESPONDENT’S 15 Respondent. MOTION TO DISMISS 16 [Doc. No. 7] 17 18 19 Petitioner Martin Gabriel Andrade (“Petitioner”), a state prisoner proceeding pro 20 se, filed a petition for writ of habeas corpus (the “Petition”) pursuant to 28 U.S.C. § 2254. 21 See Doc. No. 1. Nearly three months later, Respondent Raybon Johnson (“Respondent”) 22 filed a motion to dismiss on the grounds that the Petition is untimely. See Doc. No. 7. 23 Petitioner did not respond to the motion. The matter was referred to United States 24 Magistrate Judge Ruth Bermudez for preparation of a Report and Recommendation 25 pursuant to Title 28, § 636(b)(1) and Civil Local Rule HC.2. Judge Bermudez has issued 26 a thorough and well-reasoned Report recommending that the motion be denied. See Doc. 27 No. 11. 28 l Pursuant to Rule 72(b) of the Federal Rules of Civil Procedure and 28 U.S.C. 2 || § 636(b)(1), the Court must “make a de novo determination of those portions of the report 3 ||... to which objection is made,” and “may accept, reject, or modify, in whole or in part, 4 || the findings or recommendations made by the magistrate [judge].” 28 U.S.C. 5 || § 636(b)(1); see also United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). 6 || Objections to the Report and Recommendation were due no later than March 18, 2021. 7 || See Doc. No. 11 at 13. To date, no objections have been filed, and the time for doing so 8 ||has expired. See Docket. 9 The Court finds that Judge Bermudez has issued an accurate Report and well- 10 || reasoned recommendation that the motion be denied. The Court therefore ADOPTS the 11 || Report and Recommendation in its entirety and DENIES Respondent’s motion to 12 || dismiss. 13 IT IS SO ORDERED. 14 || Dated: March 26, 2021 15 Mids ld - Le tolls 16 HON. MICHAEL M. ANELLO 7 United States District Judge 18 19 20 21 22 23 24 25 26 27 28