Nevarez v. Ryan et al
Filing
24
ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Metcalf's 23 Report and Recommendation 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 1/12/15. (REW)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Ruben Nevarez,
No. CV-13-02286-PHX-DLR
Petitioner,
10
11
v.
12
ORDER
Charles L. Ryan, et al.,
13
Respondents.
14
Pending before the Court are Petitioner Ruben Nevarez’s Petition for Writ of
15
Habeas Corpus and United States Magistrate Judge James F. Metcalf’s Report and
16
Recommendation (“R&R”). (Docs. 1, 23.) The R&R recommends that the Court deny
17
the Petition. (Doc. 23 at 44.) The Magistrate Judge advised the parties that they had
18
fourteen days to file objections to the R&R and that failure to file timely objections could
19
be considered a waiver of the right to obtain review of the R&R. (Id. at 44 (citing Fed.
20
R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).
21
The parties did not file objections, which relieves the Court of its obligation to
22
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
23
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
24
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
25
determine de novo any part of the magistrate judge’s disposition that has been properly
26
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
27
taken. The Court will accept the R&R and deny the Petition. See 28 U.S.C. § 636(b)(1)
28
(stating that the district court “may accept, reject, or modify, in whole or in part, the
1
findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The
2
district judge may accept, reject, or modify the recommended disposition; receive further
3
evidence; or return the matter to the magistrate judge with instructions.”).
4
IT IS ORDERED that Magistrate Judge Metcalf’s R&R (Doc. 23) is accepted.
5
IT IS FURTHER ORDERED that Petitioner’s Petition for Writ of Habeas
6
Corpus (Doc. 1) is dismissed.
7
IT IS FURTHER ORDERED that the Clerk of Court shall terminate this action.
8
Dated this 12th day of January, 2015.
9
10
11
12
13
Douglas L. Rayes
United States District Judge
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?