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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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Robert Eugene McGill, Petitioner, v. Laura Schweitzer, et al., Respondents.

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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

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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.

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