Scott v. Cates

Summary

The United States District Court for the Southern District of California adopted a magistrate judge’s report and recommendation in a 28 U.S.C. § 2254 habeas corpus action challenging Ellis Bernard Scott’s 2018 California conviction for assault with a deadly weapon. Because neither party objected and the court found no clear error, it denied the habeas petition and directed the Clerk to enter judgment for the defendants.

Holdings

1. When no timely objection is filed, the district court need only satisfy itself that there is no clear error on the face of the record before accepting the magistrate judge's recommendation.
2. The district court adopted the magistrate judge's report and recommendation and denied Scott's habeas petition.

Questions Presented

1. What standard of review governs a magistrate judge's report and recommendation when neither party files a timely objection?
2. Whether the district court should adopt the magistrate judge's report and recommendation and deny the § 2254 petition.

Disposition

writ_denied