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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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 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Florentino Thomas Esparza, Petitioner, v. Dora Schriro, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) ) 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 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 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. -2-

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