Singh v. Kane

Filing 16

ORDER accepting the 14 Report and Recommendation of Magistrate Judge Irwin. It is further ordered that Clerk of the Court enter judgment dismissing Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) without prejudice for failure to prosecute. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 05/10/11. (ESL)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Sukhwinder Singh, Petitioner, 10 11 vs. 12 Katrina S. Kane, 13 Respondent. 14 ) ) ) ) ) ) ) ) ) ) ) No. CV-11-00062-PHX-NVW (JRI) ORDER 15 16 Before the court is Petitioner’s Petition for Writ of Habeas Corpus pursuant to 28 17 U.S.C. § 2241 (Doc. 1). On April 21, 2011, United States Magistrate Jay R. Irwin issued a 18 Report and Recommendation (“R & R”) (Doc. 14) in accordance with 28 U.S.C. 19 § 636(b)(1)(B). The R & R recommended that the petition be dismissed without prejudice 20 for failure to prosecute. No objections were filed. 21 The court has reviewed the R & R and agrees with the magistrate judge’s 22 determinations. Accordingly, the court will accept the R & R and dismiss the Petition for 23 Writ of Habeas Corpus. See 28 U.S.C. § 636(b)(1) (stating that the district court “may 24 accept, reject, or modify, in whole or in part, the findings or recommendations made by the 25 magistrate judge”). 26 27 28 IT IS THEREFORE ORDERED accepting the Report and Recommendation of Magistrate Judge Irwin (Doc. #14). 1 IT IS FURTHER ORDERED that Clerk of the Court enter judgment dismissing 2 Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) without prejudice for failure to 3 prosecute. The Clerk shall terminate this action. 4 DATED this 10th day of May, 2011. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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