Ochoa v. Schriro et al

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION accepting 12 Report and Recommendation of the Magistrate Judge. Petitioner's, 1 , Petition for Writ of Habeas Corpus is DISMISSED. The Clerk shall terminate this action. Signed by Judge G Murray Snow on 10/27/09. (LSP)

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. Charles L. Ryan, et al., Respondents. Raymond G. Ochoa, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. CV-08-1146-PHX-GMS (BPV) 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 Bernardo P. Velasco's Report and Recommendation ("R&R"). Dkt. ## 1, 12. The R&R recommends that the Court dismiss the Petition. Dkt. # 12 at 8. 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); 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 has nonetheless reviewed the R&R and finds that it is well-taken. The Court will

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accept the R&R and dismiss 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 Bernardo P. Velasco's R&R (Dkt. # 12) is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus (Dkt. # 1) is DISMISSED. The Clerk of Court shall TERMINATE this action.

DATED this 27th day of October, 2009.

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