Singh v. Kane et al

Filing 24

ORDER that the 123 Report and Recommendation is accepted. The petition for writ of habeas corpus (Doc. 1) is dismissed without prejudice. The 20 motion to dismiss is granted. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 12/29/11. (ESL)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV10-2604 PHX DGC

Rajwinder Singh,
Petitioner,

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vs.

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ORDER

Katrina S. Kane, et al.,
Respondents.

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Petitioner, Rajwinder Singh, has filed a petition for writ of habeas corpus pursuant

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to 28 U.S.C. § 2241 (Doc. 1) and a motion to dismiss (Doc. 20).

United States

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Magistrate Judge James R. Irwin has issued a report and recommendation (“R&R”)

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recommending that the motion to dismiss be granted and the petition be dismissed

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without prejudice. Doc. 23. No objection has been filed, which relieves the Court of its

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obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3);

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Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114,

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1121 (9th Cir. 2003). The Court will accept the R&R, grant the motion to dismiss and

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dismiss the petition without prejudice.

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IT IS ORDERED:

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1.

The R&R (Doc. 23) is accepted.

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2.

The petition for writ of habeas corpus (Doc. 1) is dismissed without

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prejudice.

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3.

The motion to dismiss (Doc. 20) is granted.

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4.

A certificate of appealability and leave to proceed in forma pauperis on

appeal are denied

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The Clerk is directed to terminate this action.

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Dated this 29th day of December, 2011.

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