Badua v. Kane, et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATIONS 23 . Petitioner's petition for writ of habeas corpus 1 is DISMISSED AS MOOT. Petitioner's 22 Motion to Dismiss Case Without Prejudice is Granted. The Clerk of the Court shall terminate this action. Signed by Judge G Murray Snow on 2/11/09. (DMT, ) Modified on 2/12/2009 (DMT, ).THE FOLLOWING INFORMATION WAS OMITTED FROM THE DOCKET TEXT 'without prejudice"

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Marvin Badua, Petitioner, v. Katrina Kane, et al., Respondents.

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No. CV-08-0301-PHX-GMS (CRP) ORDER

Pending before the Court are Petitioner's petition for writ of habeas corpus/civil rights complaint and United States Magistrate Judge Charles R. Pyle's Report and Recommendation ("R&R"), and First Motion to Dismiss. (Dkt. ## 1, 22 and 23). The R&R recommends that the Court dismiss the petition as moot and grant the motion to dismiss case without prejudice because Petitioner was released from confinement on a $30,000 bond. (Dkt. # 23 at p.1). 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 p. 3 (citing 28 U.S.C. § 636(b). 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 finds that it is welltaken. The Court will accept the R&R and [deny/grant/dismiss] the Petition/complaint. 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. MOOT. 3. GRANTED. 4. The Clerk of the Court shall terminate this action. Petitioner's Motion to Dismiss Case Without Prejudice (Dkt. # 22) is Magistrate Judge Pyle's R&R (Dkt. # 23) is ACCEPTED. Petitioner's petition for writ of habeas corpus (Dkt. #1) is DISMISSED AS

DATED this 11th day of February, 2009.

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