Raynard Davis v. United States of America

Summary

The United States District Court for the Central District of California accepts a magistrate judge’s Report and Recommendation concerning the defendant’s motion for summary judgment. The court grants the motion in part and denies it in part, vacates the magistrate judge referral, and refers the case for appointment of pro bono counsel to represent the plaintiff on the surviving Federal Tort Claims Act claims.

Holdings

1. When neither party files timely objections to a magistrate judge's Report and Recommendation, the district court accepted the Report and Recommendation as filed because no findings required de novo review.
2. Defendant's motion for summary judgment was granted in part and denied in part for the reasons stated in the Report and Recommendation.

Questions Presented

1. Whether the district court should accept the magistrate judge's Report and Recommendation when neither party filed timely objections.
2. Whether Defendant's motion for summary judgment should be granted in part and denied in part as recommended.
3. Whether the referral to the assigned magistrate judge should be vacated and counsel appointed for Plaintiff on the surviving FTCA claims.

Disposition

other