O'Dell v. Schriro et al

Filing 16

ORDER ADOPTING 13 Report and Recommendation and the Petition shall be dismissed. Signed by Judge Roslyn O Silver on 8/6/09. (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 Pending before the Court is Magistrate Judge Jay R. Irwin's Report and Recommendation. (Doc. 13) Magistrate Judge Irwin recommends the petition for writ of habeas corpus be dismissed with prejudice. Petitioner filed a request for an extension of time to file objections, which this Court granted. (Doc. 14, 15) Petitioner did not, however, file any objections. A district judge "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 USC 636(b). Where any party has filed timely objections to the magistrate judge's report and recommendations, the district court's review of the part objected to is to be de novo. Id.; see also United States v. ReynaTapia, 328 F.3d 1114, 1121 (9th Cir. 2003); Schmidt v. Johnstone, 263 F. Supp. 2d 1219, 1226 (D. Ariz. 2003) ("Following Reyna-Tapia, this Court concludes that de novo review of vs. Dora B. Schriro, et al., Respondents. Glenn M. O'Dell, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. 08-cv-1400-PHX-ROS 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 factual and legal issues is required if objections are made, but not otherwise.") (internal quotations and citations omitted). No objections being made, the Court will adopt the Report and Recommendation in full. Accordingly, IT IS ORDERED the Report and Recommendation is ADOPTED and the Petition (Doc. 1) shall be DISMISSED. DATED this 6th day of August, 2009. -2-

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