What is the test for a federal district judge's review of a report and recommendation?

Federal Rule of Civil Procedure 72(b) and 28 U.S.C. 636(b)(1) set forth a district judge's review of a magistrate judge's report and recommendation. 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 finding or recommendations made by the magistrate judge." 28 U.S.C. 636(b)(1); see also United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989). However, in the absence

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