Gonzalez v. McDaniel et al

Filing 35

ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Guerin's Report and Recommendation 32 is accepted; Petitioner's Petition for Writ of Habeas Corpus is denied; the Clerk shall terminate this action. Signed by Judge G Murray Snow on 11/2/09. (REW, )

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Jose Martinez Gonzalez, Petitioner, v. Martin McDaniel, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) ) No. CV-06-2655-PHX-GMS (JCG) ORDER Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Guerin's Report and Recommendation ("R&R"). Dkt. ## 1, 32. The R&R recommends that the Court deny the Petition. Dkt. # 32 at 8. The Magistrate Judge advised the parties that they had ten days to file objections to the R&R and that failure to file timely objections could be considered a waiver of the right to obtain review of the R&R. Id. at 8 (citing 28 U.S.C. 636(b)(1)). The parties did not file objections, which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) ("[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the subject of an objection."); Fed. R. Civ. P. 72(b)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and deny the Petition. See 28 U.S.C. 636(b)(1) (stating that the district 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate"); Fed. R. Civ. P. 72(b)(3) ("The district judge may accept, reject, or modify the recommended disposition; receive further evidence; or return the matter to the magistrate judge with instructions."). IT IS ORDERED: 1. 2. 3. Magistrate Judge Guerin's R&R (Dkt. # 32) is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus (Dkt. # 32) is DENIED. The Clerk of Court shall TERMINATE this action. DATED this 2nd day of November, 2009. -2-

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