McGill v. Schweitzer et al

Filing 27

ORDER ACCEPTING REPORT AND RECOMMENDATION 26 . Petitioner's petition for writ of habeas corpus 1 is dismissed with prejudice. The Clerk of Court shall terminate this action. Signed by Judge G Murray Snow on 10/6/08. (TLJ)

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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 Robert Eugene McGill, Petitioner, v. Laura Schweitzer, et al., Respondents. ) ) ) ) ) ) ) ) ) ) ) No. CV-07-2018-PHX-GMS (JRI) ORDER Pending before the Court are Petitioner's petition for writ of habeas corpus/civil rights complaint and United States Magistrate Judge Irwin's Report and Recommendation ("R&R"). (Dkt. ## 1 & 26). The R&R recommends that the Court dismiss with prejudice the petition because Petitioner is not entitled to relief from the statute of limitations, and his petition is therefore untimely. Dkt. # 26 at 10. 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 Fed. R. Civ. P. 72(b); 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) ("The district judge . . . shall make 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 a de novo determination . . . of any portion of the magistrate judge's disposition to which specific written objection has been made[.]"). The Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and dismiss with prejudice the 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) (same). IT IS ORDERED: 1. 2. prejudice. 3. The Clerk of Court shall terminate this action. Magistrate Judge Irwin's R&R (Dkt. #26) is accepted. Petitioner's petition for writ of habeas corpus (Dkt. # 1) is dismissed with DATED this 6th day of October, 2008. -2-

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