Vu v. Kane et al

Filing 13

ORDER ACCEPTING REPORT AND RECOMMENDATION 10 ; accordingly, Petitioner's Petition for Writ of Habeas Corpus (Doc. #1) is dismissed as moot and the Clerk of the Court shall enter judgment of dismissal, without prejudice. Signed by Judge James A Teilborg on 7/30/10. (LAD)

Vu v. Kane et al

Doc. 13

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Hoang Huy Vu, Plaintiff, vs. Katrina S. Kane; et al., Defendants.

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No. CV 10-966-PHX-JAT ORDER

Pending before the Court is Petitioner's Petition for Writ of Habeas Corpus ("Petition") (Doc. #1) filed pursuant to 28 U.S.C. § 2241. The Magistrate Judge issued a Report and Recommendation ("R&R") (Doc. #10) recommending that the Petition be dismissed as moot because Petitioner is no longer in custody. Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not required to conduct "any review at all . . . of any issue that is not the subject of an objection" (emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) ("statute makes it clear that the district judge must review the magistrate judge's findings and recommendations de novo if objection is made, but not otherwise" (emphasis in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003). Based on the foregoing, IT IS ORDERED that the Magistrate Judge's Report and Recommendation (Doc.

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#10) is ACCEPTED; accordingly, Petitioner's Petition for Writ of Habeas Corpus (Doc. #1) is dismissed as moot and the Clerk of the Court shall enter judgment of dismissal, without prejudice. DATED this 30th day of July, 2010.

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