Handsome v. Graber

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION, the Magistrate Judge's Report and Recommendation 12 is accepted and adopted; the Petition 1 is denied with prejudice; the Clerk shall enter judgment accordingly. Signed by Senior Judge James A Teilborg on 7/22/14. (REW)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Marwan Handsome,
Petitioner,

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vs.

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Conrad M. Graber,
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Respondent.
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No. CV 13-1711-PHX-JAT
ORDER

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Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus filed
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under 28 U.S.C. § 2241. The Magistrate Judge issued a Report and Recommendation
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(“R&R”) (Doc. 12) recommending that this Court deny the Petition.
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Neither party has filed objections to the R&R. Accordingly, the Court hereby accepts
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the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985) (finding that district courts are not
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required to conduct “any review at all . . . of any issue that is not the subject of an objection”
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(emphasis added)); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en
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banc) (“statute makes it clear that the district judge must review the magistrate judge’s
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findings and recommendations de novo if objection is made, but not otherwise” (emphasis
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in original)); see also Schmidt v. Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).
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Accordingly,
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IT IS ORDERED that the Magistrate Judge’s Report and Recommendation (Doc. 12)
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is ACCEPTED and ADOPTED;
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IT IS FURTHER ORDERED that the Petition (Doc. 1) is DENIED WITH
PREJUDICE; and the Clerk of the Court shall enter judgment accordingly.
DATED this 22nd day of July, 2014.

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