Cox v. Schriro et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Edwward C Voss' 20 Report and Recommendation is accepted; Petitioner's First Amended Petition for Writ of Habeas Corpus 11 is denied and dismissed with prejudice; the Clerk shall terminate this action. Signed by Judge G Murray Snow on 4/27/09. (REW, )

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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 are Petitioner's First Amended Petition for Writ of Habeas Corpus and United States Magistrate Judge Edward C. Voss's Report and Recommendation ("R&R"). Dkt. ## 11 and 20. The R&R recommends that the Court deny and dismiss with prejudice the Petition. Dkt. # 20 at 6. 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 6 (citing 28 U.S.C. 636(b)(1); Fed. R. Civ. P. 6(a), 6(b) and 72; 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 v. Dora B. Schriro, et al., Respondents. Robert Cox, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. CV-08-1413-PHX-GMS (ECV) 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 Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and [deny/grant/dismiss] the Petition/complaint. 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. Magistrate Judge Edward C. Voss's R&R (Dkt. # 20) is ACCEPTED. Petitioner's First Amended Petition for Writ of Habeas Corpus (Dkt. # 11) is DENIED AND DISMISSED WITH PREJUDICE. 3. The Clerk of Court shall TERMINATE this action. DATED this 27th day of April, 2009. -2-

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