Murphy v. Federal Bureau of Prisons

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Duncan's Report and Recommendation 12 is accepted; Petitioner's Amended Petition for Writ of Habeas Corpus 5 is denied and dismissed with prejudice; the Clerk 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 5/28/13. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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No. CV-12-01390-PHX-GMS

William Phillip Murphy,

ORDER

Petitioner,

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v.

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Federal Bureau of Prisons, et al.,
Respondents.

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

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Corpus

and

United

States

Magistrate

Judge

David

Duncan’s

Report

and

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Recommendation (“R&R”). Docs. 5, 12. The R&R recommends that the Court deny and

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dismiss the Petition with prejudice. Doc. 12 at 3. The Magistrate Judge advised the

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

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timely objections could be considered a waiver of the right to obtain review of the R&R.

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Id. at 3 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72, 6(a), 6(b); United States v.

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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

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

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and deny and dismiss the Petition with prejudice.

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See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in

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whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ.

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P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended

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disposition; receive further evidence; or return the matter to the magistrate judge with

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instructions.”).

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IT IS ORDERED:

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1.

Magistrate Judge Duncan’s R&R (Doc. 12) is accepted.

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2.

Petitioner’s Amended Petition for Writ of Habeas Corpus (Doc. 5) is

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denied and dismissed with prejudice.

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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

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of appealability is required.
Dated this 28th day of May, 2013.

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