Villajin v. Mukasey

Filing 28

ORDER ACCEPTING REPORT AND RECOMMENDATION 26 . Petitioner Maria L. Villajin's petition for writ of habeas corpus 1 is denied. The Clerk of Court shall terminate this action. Signed by Judge David G Campbell on 8/4/09. (TLJ)

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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 v. Michael Mukasey, Respondent. Maria L. Villajin, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. CV08-0839 PHX-DGC (ECV) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Pending before the Court are Petitioner Maria L. Villajin's petition for writ of habeas corpus and United States Magistrate Judge Edward C. Voss's Report and Recommendation ("R&R"). Dkt. ##1, 26. The R&R recommends that the Court deny the petition because the Court finds that Petitioner's claim in ground two of ineffective assistance of counsel is without merit. Dkt. #26 at 4. 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 4-5 (citing 28 U.S.C. 636(b)(1); 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)(3) ("The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to."). The Court will accept the R&R and deny the Petition. See 28 U.S.C. 636(b)(1) (stating that the 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 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. denied. 3. The Clerk of Court shall terminate this action. Magistrate Judge Edward C. Voss's R&R (Dkt. #26) is accepted. Petitioner Maria L. Villajin's petition for writ of habeas corpus (Dkt. #1) is DATED this 4th day of August, 2009. -2-

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