Alicia Wright v. E. Ricolcol

Summary

The United States District Court for the Central District of California adopted a magistrate judge’s Report and Recommendation in a habeas corpus action under 28 U.S.C. § 2241. The court overruled the petitioner’s objections, granted the respondent’s motion to dismiss, denied the petition, and directed that the action be dismissed without prejudice.

Holdings

1. A district judge must conduct de novo review of the portions of a magistrate judge's Report and Recommendation to which a party makes proper, specific written objections; absent a proper objection, challenges to a finding are waived.
2. The petitioner's objections did not warrant modification of the magistrate judge's recommendation; the motion to dismiss was granted, the petition was denied, and the action was dismissed without prejudice.

Questions Presented

1. Whether the district court was required to conduct de novo review of the portions of the magistrate judge's Report and Recommendation challenged by petitioner's specific objections.
2. Whether petitioner's objections warranted rejection or modification of the magistrate judge's recommendation to grant the motion to dismiss and dismiss the § 2241 action without prejudice.

Disposition

dismissed