Yohannes v. Monday

Filing 19

ORDER - IT IS ORDERED: Magistrate Judge Aspey's 17 Report and Recommendation is ACCEPTED. Petitioner's 1 Petition for Writ of HAbeas Corpus is DISMISSED WITH PREJUDICE AS MOOT. The Clerk of the Court shall TERMINATE this action. Signed by Judge G Murray Snow on 3/23/10. (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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA Yohannez Antonnio, Petitioner, v. Darren Monday, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. CV-09-1558-PHX-GMS (MEA) ORDER Pending before the Court are Petitioner's Petition for Writ of Habeas Corpus and United States Magistrate Judge Aspey's Report and Recommendation ("R&R"). Dkt. ## 1, 17. The R&R recommends that the Court dismiss the Petition with prejudice as moot. Dkt. # 17 at 3. The Magistrate Judge advised the parties that they had fourteen 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 3 (citing Fed. R. Civ. P. 72(b); 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 has nonetheless reviewed the R&R and finds that it is well-taken. The Court will 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 accept the R&R and dismiss with prejudice as moot the Petition. 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 Aspey's R&R (Dkt. # 17) is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus (Dkt. # 1) is DISMISSED WITH PREJUDICE AS MOOT. 3. The Clerk of the Court shall TERMINATE this action. DATED this 23rd day of March, 2010. -2-

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