Sarabi v. Kane

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION. ORDER that the Petition for Writ of Habeas Corpus is dismissed with prejudice. ORDER directing the Clerk of Court to enter judgment accordingly. Signed by Judge Mary H Murguia on 7/7/09. (TLJ)

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 Petitioner, Javad Sarabi, filed his Petition for Writ of Habeas Corpus on January 6, 2009. On June 10, 2009, Respondent filed a Suggestion of Mootness advising the Court that Petitioner was released under an Order of Supervision on that same day. The Magistrate Judge filed his Report and Recommendation on June 16, 2009 recommending that Petitioner's Petition for Writ of Habeas Corpus be dismissed without prejudice. In his Report and Recommendation the Magistrate Judge advised the parties that they had 10 days from the date of service of a copy of the Report and Recommendation within which to file specific written objections with the Court. The time to file such objections has long since expired and no objections to the Report and Recommendation have been filed. The Court notes that the Petitioner's copy of the Report and Recommendation has been returned by the post-office with the notation "Released/Not in Custody." Failure to timely file objections to any factual or legal determination of the Magistrate Judge may be vs. Katrina Kane, Respondent. Javad Sarabi, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. CV 09-29-PHX-MHM ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

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considered a waiver of a party's right to de novo consideration of the issues. See United States v. Reyna-Tapia 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc). After a complete and independent review of the issues presented, the Court finds itself in agreement with the Report and Recommendation of the Magistrate Judge. IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the order of this Court. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus is dismissed with prejudice. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. DATED this 7th day of July, 2009.

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