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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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Petitioner, 10 11 12 13 No. CV-10-2419-PHX-DGC Jareer Tabari, ORDER vs. Katrina S. Kane, Field Officer Director, Detention and Removal Operations, Florence Detention Center, Respondent. 14 15 On March 1, 2011, Petitioner filed a motion for the entry of default and an order to 16 show cause on the ground that the response to his habeas petition was filed four hours 17 late. Doc. 17. Magistrate Judge Anderson has issued a report and recommendation 18 (“R&R”) that the motion be denied. Doc. 28. No objection has been filed, which 19 relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. 20 R. Civ. P. 72(b)(3); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 21 The Court will accept the R&R and deny the motion. 22 IT IS ORDERED: 23 1. The Magistrate Judge’s R&R (Doc. 28) is accepted. 24 2. The motion for entry of default and for order to show cause (Doc. 17) is 25 26 27 28 denied. Dated this 27th day of June, 2011.

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