Murillo-Flores v Mukasey, et al.

Filing 31

ORDER ACCEPTING REPORT AND RECOMMENDATION 30 . ORDER that Petitioner's Amended Petition for Writ of Habeas Corpus 2 is denied and that this action is dismissed without prejudice in the event the circumstances surrounding Petitioner's detention change. Signed by Judge James A Teilborg on 2/5/09. (TLJ)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Nestor D. Murillo-Flores, Petitioner, vs. Michael B. Mukasey, et al., Respondents.

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No. CV 08-0943-PHX-JAT ORDER

Pending before the Court is Petitioner's Amended Petition for Writ of Habeas Corpus ("Petition") (Doc. #2) filed pursuant to 28 U.S.C. § 2241. The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. #30) 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). Accordingly, IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc. #30) is ACCEPTED;

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IT IS FURTHER ORDERED that Petitioner's Amended Petition for Writ of Habeas Corpus (Doc. #2) is DENIED; and IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE in the event the circumstances surrounding Petitioner's detention change. DATED this 5th day of February, 2009.

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