The following excerpt is from Ragudo v. Saul, 411 F.Supp.3d 1125 (S.D. Cal. 2019):
The district court's duties in connection with an R&R 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 an R&R to which neither party objects. See Wang v. Masaitis , 416 F.3d 992, 1000 n. 13 (9th Cir. 2005) ; U.S. v. Reyna-Tapia , 328 F.3d 1114, 112122 (9th Cir. 2003) (en banc ). When no
[411 F.Supp.3d 1130]
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.