Le v. Kane et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 15 of the Magistrate Judge. The Petition is denied as moot. The Clerk shall close this case. Signed by Judge Roslyn O Silver on 8/28/09. (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 full. Magistrate Judge David K. Duncan recommends the petition for writ of habeas corpus be denied as moot. The Court will adopt the Report and Recommendation in full. 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 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 vs. Katrina S. Kane, et al., Respondents. Vu Van Le, Petitioner, ) ) ) ) ) ) ) ) ) ) ) ) No. CV-09-1196-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 Accordingly, IT IS ORDERED the Report and Recommendation is ADOPTED and the Petition (Doc. 1) is DENIED AS MOOT. The Clerk of Court shall close this case. DATED this 28th day of August, 2009. -2-

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