Wrathall v. Morris et al

Filing 15

ORDER ADOPTING 14 Magistrate Judge Glenda E. Edmond's Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus is denied. The Clerk shall terminate this action. Signed by Judge G Murray Snow on 11/12/08. (DNH)

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 v. E.W. Morris, Warden; et al., Respondents. Christian Louis Wrathall, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. CV-08-415-PHX-GMS (GEE) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Glenda E. Edmond's Report and Recommendation ("R&R"). Dkt. ## 1 & 14. The R&R recommends that the Court deny the petition because Petitioner's consecutive sentences do not violate due process. Dkt. # 14 at 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 8 (citing 28 U.S.C. § 636(b); Fed. R. Civ. P. 72(b)(2); 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 determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The

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Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and deny 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)(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 Glenda E. Edmond's R&R (Dkt. #14) is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus (Dkt. # 1) is DENIED. The Clerk of the Court shall TERMINATE this action. DATED this 12th day of November, 2008.

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