Ortiz v. United States of America

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 of the Magistrate Judge. IT IS FURTHER ORDERED denying 12 Petitioner's Motion for Emergency Release. Signed by Judge Mary H Murguia on 7/16/09. (LSP)

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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 Petitioner, Vincente Ortiz, filed a Motion for Emergency Release on May 26, 2009. The Magistrate Judge filed his Report and Recommendation on June 23, 2009 recommending that Petitioner's Motion for Emergency Release be denied. In his Report and Recommendation the Magistrate Judge advised the parties that they had 10 days from the date of service of a copy of the Report and Recommendation within which to file specific written objections with the Court. The time to file such objections has long since expired and no objections to the Report and Recommendation have been filed. Failure to timely file objections to any factual or legal determination of the Magistrate Judge may be considered a waiver of a party's right to de novo consideration of the issues. See United States v. Reyna-Tapia 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). After a complete and independent review of the issues presented, the Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. vs. United States of America, Respondent. Vincente Ortiz, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. CV 08-550-PHX-MHM CR 04-1303-PHX-MHM ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 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 IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. (Doc. 14). IT IS FURTHER ORDERED that Petitioner's Motion for Emergency Release is denied. (Doc. 12). DATED this 16th day of July, 2009. -2-

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