Sabhan v. Kane

Filing 20

ORDER ACCEPTING REPORT AND RECOMMENDATIONS 19 . Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED as moot and without prejudice.The Clerk of Court shall terminate this action. (See document for further details). Signed by Judge G Murray Snow on 5/20/11. (LAD)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Ali Jahad Al-Timimi Sabhan, Petitioner, 10 11 v. 12 Katrina S. Kane, 13 Respondent. 14 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-10-2766-PHX-GMS (MHB) ORDER 15 16 Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus and 17 United States Magistrate Judge Burn’s Report and Recommendation (“R&R”). Docs. 1, 19. 18 The R&R recommends that the Court dismiss the petition. Doc. 19 at 2. The Magistrate 19 Judge advised the parties that they had fourteen days to file objections to the R&R and that 20 failure to file timely objections could be considered a waiver of the right to obtain review of 21 the R&R. Id. at 2 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(b); United States 22 v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 23 The parties did not file objections, which relieves the Court of its obligation to review 24 the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) 25 (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the 26 subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de 27 novo any part of the magistrate judge’s disposition that has been properly objected to.”). The 28 Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will 1 accept the R&R and dismiss the petition. See 28 U.S.C. § 636(b)(1) (stating that the district 2 court “may accept, reject, or modify, in whole or in part, the findings or recommendations 3 made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, 4 or modify the recommended disposition; receive further evidence; or return the matter to the 5 magistrate judge with instructions.”). 6 IT IS ORDERED: 7 1. Magistrate Judge Burn’s R&R (Doc. 19) is ACCEPTED. 8 2. Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED as 9 moot and without prejudice. 10 3. The Clerk of Court shall terminate this action. 11 DATED this 20th day of May, 2011. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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