The following excerpt is from Arellano v. Blahnik, Case No.: 16-cv-2412-CAB (DHB) (S.D. Cal. 2017):
involuntarily dismiss an action." Hunt v. Piller, 384 F.3d 1118, 1123 (9th Cir. 2004). However, the district court may "designate a magistrate to hear a motion to dismiss and submit proposed findings of fact and recommendations for the disposition of such a motion" under 28 U.S.C. 636(b)(1)(B). Id. at 1123. Within fourteen days, any party may serve and file written objections to a magistrate judge's findings in the report and recommendation. See 28 U.S.C. 636(b)(1). Once objections are made "[a] judge of the court shall make a de novo determination of those portions of the report...to which objection is made." Id. "A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.