Tabari v. Kane

Filing 34

ORDER ADOPTING REPORT AND RECOMMENDATION 28 . The motion for entry of default and for order to show cause (Doc. 17) is denied. Signed by Judge David G Campbell on 6/27/11. (DMT)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Petitioner,

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No. CV-10-2419-PHX-DGC

Jareer Tabari,

ORDER

vs.
Katrina S. Kane, Field Officer Director,
Detention and Removal Operations,
Florence Detention Center,
Respondent.

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On March 1, 2011, Petitioner filed a motion for the entry of default and an order to

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show cause on the ground that the response to his habeas petition was filed four hours

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late. Doc. 17. Magistrate Judge Anderson has issued a report and recommendation

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(“R&R”) that the motion be denied. Doc. 28. No objection has been filed, which

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relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed.

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R. Civ. P. 72(b)(3); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003).

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The Court will accept the R&R and deny the motion.

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IT IS ORDERED:

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1.

The Magistrate Judge’s R&R (Doc. 28) is accepted.

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2.

The motion for entry of default and for order to show cause (Doc. 17) is

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denied.
Dated this 27th day of June, 2011.