IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 95-50727
Summary Calendar
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SHERMAN RENSHAW,
Petitioner-Appellant,
versus
UNITED STATES PROBATION DEP'T,
Respondent-Appellee.
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Appeal from the United States District Court
for the Western District of Texas
USDC No. A-94-CV-145
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April 5, 1996
Before REAVLEY, SMITH and PARKER, Circuit Judges.
PER CURIAM:*
Sherman Renshaw argues that the district court abused its
discretion in failing to conduct an evidentiary hearing on his
claim that he is entitled to an immediate federal probation
revocation hearing. Renshaw also argues that the district court
erred in conducting a de novo review of the record after the
United States failed to file timely objections to the magistrate
judge's findings and recommendation.
*
Pursuant to Local Rule 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in Local Rule
47.5.4.
No. 95-50727
-2-
We have reviewed the record, the opinion of the district
court, and the briefs, and find that the dismissal of the
petition should be affirmed substantially for the reasons stated
by the district court. See Renshaw v. United States Probation
Department, No. A-94-CV-145 (W.D. Tex. Sept. 7, 1995). The
district court did not reverse the factual findings or legal
conclusions of the magistrate judge. The district court had a
duty to fully review the record and was free to accept, reject,
or modify the recommendation of the magistrate judge. See 28
U.S.C. § 636(b)(1)(C). The district court's ultimate disposition
of the case is AFFIRMED.