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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Ali Jahad Al-Timimi Sabhan,
Petitioner,

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v.

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Katrina S. Kane,
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Respondent.
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No. CV-10-2766-PHX-GMS (MHB)
ORDER

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Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus and

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United States Magistrate Judge Burn’s Report and Recommendation (“R&R”). Docs. 1, 19.

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The R&R recommends that the Court dismiss the petition. Doc. 19 at 2. The Magistrate

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Judge advised the parties that they had fourteen days to file objections to the R&R and that

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failure to file timely objections could be considered a waiver of the right to obtain review of

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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

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v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to review

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the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985)

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(“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the

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subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de

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novo any part of the magistrate judge’s disposition that has been properly objected to.”). The

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Court has nonetheless reviewed the R&R and finds that it is well-taken. The Court will

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accept the R&R and dismiss the petition. See 28 U.S.C. § 636(b)(1) (stating that the district

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court “may accept, reject, or modify, in whole or in part, the findings or recommendations

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made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject,

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or modify the recommended disposition; receive further evidence; or return the matter to the

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magistrate judge with instructions.”).

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IT IS ORDERED:

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1.

Magistrate Judge Burn’s R&R (Doc. 19) is ACCEPTED.

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2.

Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED as

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moot and without prejudice.

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3.

The Clerk of Court shall terminate this action.

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DATED this 20th day of May, 2011.

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