Husband v. Ryan et al
ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Aspey's Report and Recommendation 41 is accepted; Petitioner's Petition for Writ of Habeas Corpus 1 is dismissed; the Clerk shall terminate this action. Signed by Judge Douglas L Rayes on 4/16/15. (REW)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Sean Patrick Husband,
Charles L. Ryan, et al.,
Pending before the Court are Petitioner Sean Patrick Husband’s Petition for Writ
of Habeas Corpus and United States Magistrate Judge Mark E. Aspey’s Report and
Recommendation (“R&R”). (Docs. 1, 41.) The R&R recommends that the Court deny
the Petition. (Doc. 41 at 38.) The Magistrate Judge advised the parties that they had
fourteen days to file objections to the R&R and that failure to file timely objections could
be considered a waiver of the right to obtain review of the R&R. (Id. at 38–39 (citing
Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
Respondents did not file an objection. Petitioner filed an objection on February 9,
2015, which the Court struck on March 18, 2015, for failure to comply with the Local
Rules of Civil Procedure. (Doc. 49.) The Court granted Petitioner leave to file an
amended objection by April 2, 2015. (Id.) Petitioner did not file an amended objection,
which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d
at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . .
require any review at all . . . of any issue that is not the subject of an objection.”); Fed. R.
Civ. P. 72(b)(3) (“The district judge must determine de novo any part of the magistrate
judge’s disposition that has been properly objected to.”). The Court has nonetheless
reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and
deny the Petition. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept,
reject, or modify, in whole or in part, the findings or recommendations made by the
magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify
the recommended disposition; receive further evidence; or return the matter to the
magistrate judge with instructions.”).
IT IS ORDERED that Magistrate Judge Aspey’s R&R (Doc. 41) is accepted.
IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas
Corpus (Doc. 1) is dismissed.
IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action.
Dated this 16th day of April, 2015.
Douglas L. Rayes
United States District Judge
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