Haque v. Kane

Filing 20

ORDER that Magistrate Judge Metcalf's Report and Recommendation (Doc. 19 ) is accepted. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is dismissed. The Clerk of Court shall terminate this action. Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate of appealability is required. Signed by Judge G Murray Snow on 1/10/2012. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Sheikh Samiul Haque,

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Petitioner,

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v.

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Katrina S. Kane,
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Respondent.
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No. CV-11-1052-PHX-GMS (JFM)
ORDER

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

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to Withdraw and United States Magistrate Judge Metcalf’s Report and Recommendation

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(“R&R”). Docs. 1, 16, 19. The R&R recommends that the Court grant the motion to

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withdraw and dismiss the Petition for Writ of Habeas Corpus. Doc. 19 at 5. The Magistrate

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Judge advised the parties that they had 14 days to file objections to the R&R and that failure

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

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R&R. Id. at 16 (citing Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114,

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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 grant the Motion to Withdraw and dismiss the Petition. See 28 U.S.C.

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§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in part,

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the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The

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district judge may accept, reject, or modify the recommended disposition; receive further

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evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED:

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Magistrate Judge Metcalf’s R&R (Doc. 19) is accepted.

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2.

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

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3.

The Clerk of Court shall terminate this action.

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4.

Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate of

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appealability is required.
DATED this 10th day of January, 2012.

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