Keita v. Kane et al

Filing 17

ORDER ADOPTING REPORT AND RECOMMENDATION 15 . That the Clerk of the Court enter judgment dismissing Petitioner's Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241 (Doc. 1) as moot. The Clerk shall terminate this action. Signed by Judge Neil V Wake on 2/5/13. (DMT)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 No. CV-12-01084-PHX-NVW Keith Keita, Petitioner, 10 11 vs. 12 ORDER Katrina S. Kane, 13 Respondent. 14 Pending before the Court is the Report and Recommendation (“R&R”) of 15 Magistrate Judge Michelle H. Burns (Doc. 15) regarding petitioner’s Petition for Writ of 16 Habeas Corpus filed pursuant to 28 U.S.C. § 2241 (Doc. 1). The R&R recommends that 17 the Petition be dismissed as moot. The Magistrate Judge advised the parties that they had 18 fourteen days to file objections to the R&R. (R&R at P. 2 (citing 28 U.S.C. § 636(b)). 19 No objections were filed. 20 Because the parties did not file objections, the court need not review any of the 21 Magistrate Judge’s determinations on dispositive matters. See 28 U.S.C. § 636(b)(1); 22 Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003); 23 Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any 24 review at all . . . of any issue that is not the subject of an objection.”). The absence of a 25 timely objection also means that error may not be assigned on appeal to any defect in the 26 rulings of the Magistrate Judge on any non-dispositive matters. Fed. R. Civ. P. 72(a) (“A 27 party may serve and file objections to the order within 14 days after being served with a 28 copy [of the magistrate’s order]. A party may not assign as error a defect in the order not 1 2 timely objected to.”); Simpson v. Lear Astronics Corp., 77 F.3d 1170, 1174 (9th Cir. 3 1996); Philipps v. GMC, 289 F.3d 1117, 1120-21 (9th Cir. 2002). 4 Notwithstanding the absence of an objection, the court has reviewed the R&R and 5 finds that it is well taken. The court will accept the R&R and dismiss the Petition. See 6 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in 7 whole or in part, the findings or recommendations made by the magistrate”). 8 9 IT IS THEREFORE ORDERED that the Report and Recommendation of the Magistrate Judge (Doc. 15) is accepted. 10 IT IS FURTHER ORDERED that the Clerk of the Court enter judgment 11 dismissing Petitioner’s Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 12 § 2241 (Doc. 1) as moot. The Clerk shall terminate this action. 13 Dated this 5th day of February, 2013. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2 

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