Griffith v. Smith

Filing 13

ORDER Magistrate Judge Burns' R&R (Doc. 12 ) is accepted. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is denied and dismissed with prejudice. The Clerk of Court shall terminate this action and enter judgment accordingly. 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 2/24/2014. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Leonard Duane Griffith,
Petitioner,

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ORDER

v.

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No. CV-13-00612-PHX-GMS

Unknown Smith,

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Respondent.

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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 Michelle H. Burns’ Report and Recommendation

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(“R&R”). Docs. 1, 12. The R&R recommends that the Court deny the Petition and

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dismiss with prejudice. Doc. 12 at 8. The Magistrate Judge advised the parties that they

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

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could be considered a waiver of the right to obtain review of the R&R. Id. at 8 (citing 28

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U.S.C. § 636(b)(1); Rules 6(a)(b), 72, Federal Rules of Civil Procedure; 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 the Petition and dismiss 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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Magistrate Judge Burns’ R&R (Doc. 12) is accepted.

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2.

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

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dismissed with prejudice.
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The Clerk of Court shall terminate this action and enter judgment

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

of appealability is required.
Dated this 24th day of February, 2014.

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