Balicudiong-Asican v. Kane

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION 13 ; the petition for writ of habeas corpus is denied and dismissed with prejudice. The Clerk shall terminate this action. Signed by Judge David G Campbell on 9/25/09. (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 v. Katrina S. Kane, Respondent. Joselito Balicudiong-Asican, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. CV09-0018-PHX-DGC (MHB) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Pending before the Court are Petitioner Joselito Balicudiong-Asican's petition for writ of habeas corpus and United States Magistrate Judge Michelle H. Burns' Report and Recommendation ("R&R"). Dkt. ##1, 13. The R&R recommends that the Court deny and dismiss with prejudice Petitioner's petition for writ of habeas corpus. Dkt. #13 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(e); 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/grant/dismiss] the Petition/complaint. See 28 U.S.C. 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 § 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 Michelle H. Burns' R&R (Dkt. #13) is accepted. Petitioner Joselito Balicudiong-Asican's petition for writ of habeas corpus (Dkt. #1) is denied and dismissed with prejudice. 3. The Clerk of Court shall terminate this action. DATED this 25th day of September, 2009. -2-

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