Edward James Harris v. Edward J. Silva

Summary

The United States District Court for the Central District of California accepted the magistrate judge’s Report and Recommendation after de novo review of the petitioner’s objections. The court granted the respondent’s motion to dismiss, dismissed the First Amended Petition without prejudice, and directed entry of judgment.

Holdings

1. The district court must review de novo the identifiable portions of a magistrate judge's report and recommendation to which timely and proper objections are made.
2. The district court may decline to consider arguments raised for the first time in objections, objections that merely repeat arguments rejected in the report and recommendation, and blanket or boilerplate objections to the recommended disposition.
3. The respondent's motion to dismiss was granted, and the first amended petition was dismissed without prejudice.

Questions Presented

1. Whether the district court should accept the magistrate judge's report and recommendation after de novo review of the timely and properly identified objections.
2. Whether the respondent's motion to dismiss should be granted and the first amended habeas petition dismissed without prejudice.
3. Whether arguments raised for the first time in the objections, repetitive objections, or blanket and boilerplate objections required review.

Disposition

dismissed