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)

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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-

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