What is a district judge's duty regarding a magistrate judge's R&R?
MultiRegion, United States of America
The following excerpt is from Bull v. Beard, CIVIL NO. 13-CV-592 AJB (WVG) (S.D. Cal. 2014):
Federal Rule of Civil Procedure 72(b) and 28 U.S.C. 636(b)(1) provide district judges' duties regarding a magistrate judge's R&Rs. The district court judge should "make a de novo determination of those portions of the report to which the 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)(C); see also United States v. Remsing, 874 F.2d 614, 617 (9th Cir. 1989).
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