Welch v. Ryan et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED that 13 Report and Recommendation of the Magistrate Judge and the 15 Supplement to Report and Recommendation are accepted. FURTHER ORDERED that the Respondents' 11 Motion to Dismiss is granted. FURTHER ORDERED that the Clerk of the Court enter judgment dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Doc. #1) without prejudice. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 9/1/09. (SAT)

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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. Charles L. Ryan, et al., Respondents. Jeff Michael Welch, Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. CV 09-0706 PHX-NVW (LOA) ORDER IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Pending before the court is the Report and Recommendation ("R&R") of Magistrate Judge Anderson (Doc. # 13) regarding petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2254 (Doc. # 1). The R&R recommends that the Respondents' Motion to Dismiss (Doc. # 11) be granted and that the Petition be dismissed without prejudice. The Magistrate Judge advised the parties that they had ten days to file objections to the R&R. (R&R at 4 (citing 28 U.S.C. 636(b)). The court has also considered Petitioner's late response, in which he raises no objection to the dismissal of this premature Petition. (Doc. # 14.) The court has also considered the Magistrate Judge's Supplement to Report and Recommendation (doc. # 15), which requires no response, as it informs the court of the status of the filings and of Petitioner's consent to dismissal without prejudice. The court has reviewed the R&R and finds that it is well taken. The court will accept the R&R and dismiss the Petition without prejudice. 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"). 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 IT IS THEREFORE ORDERED that Report and Recommendation of the Magistrate Judge (Doc. # 13) and the Supplement to Report and Recommendation (doc. # 15) are accepted. IT IS FURTHER ORDERED that the Respondents' Motion to Dismiss (Doc. # 11) is granted. IT IS FURTHER ORDERED that the Clerk of the Court enter judgment dismissing petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2254 (Doc. # 1) without prejudice. The Clerk shall terminate this action. DATED this 1st day of September, 2009. -2-

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