Esparza v. Arizona Attorney General, State of

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS 24 . Petitioners amended petition for writ of habeas corpus 4 is denied. The Clerk of the Court shall terminate this action.. Signed by G Murray Snow on 9/5/08. (DMT, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Florentino Thomas Esparza, Petitioner, v. Dora Schriro, et al., Respondents.

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No. CV-07-1162-PHX-GMS (ECV) ORDER

Pending before the Court are Petitioner's amended petition for writ of habeas corpus/civil rights complaint and United States Magistrate Judge Voss's Report and Recommendation ("R&R"). Dkt. ## 4, 24. The R&R recommends that the Court deny the amended petition because one of Petitioner's claims is barred by his guilty plea and the others fail on the merits. Dkt. # 24 at 9. 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 10 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(b) and 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 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

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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 agrees with it. The Court will accept the R&R and deny the Amended Petition. See 28 U.S.C. § 636(b)(1) (stating that the district 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 Voss's R&R (Dkt. # 24) is accepted. Petitioner's amended petition for writ of habeas corpus (Dkt. # 4) is denied. The Clerk of the Court shall terminate this action. DATED this 5th day of September, 2008.

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