Vincente v. Chertoff

Filing 15

ORDER that the Magistrate Judge's Report and Recommendation 14 is ACCEPTED; FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. #1) is DENIED, without prejudice (in the event the circumstances surrounding detention change), and IT IS FURTHER ORDERED that this action is DISMISSED. Signed by Judge James A Teilborg on 12/1/08. (KMG, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Maria Do Nascimento Vincente, Petitioner, vs. Michael Chertoff, Respondent.

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No. CV 08-0685-PHX-JAT ORDER

Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. #1). The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. #14) recommending that the Petition be denied. Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). Therefore, IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #14) is ACCEPTED;

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IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (Doc. #1) is DENIED, without prejudice (in the event the circumstances surrounding detention change), and IT IS FURTHER ORDERED that this action is DISMISSED. DATED this 1st day of December, 2008.

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