The following excerpt is from Burton v. Cate, CASE NO. 10cv1797 WQH(WVG) (S.D. Cal. 2011):
The duties of the district court in connection with a magistrate judge's report and recommendation are set forth in Rule 72 of the Federal Rules of Civil Procedure and 28 U.S.C. 636(b)(1). The district court 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." 28 U.S.C. 636(b)(1); see also
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United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989).
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