Derboghossian v. DeRosa

Filing 22

ORDER ACCEPTING 21 Magistrate Judge Aspey's Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is denied and dismissed with prejudice. The Clerk shall terminate this action. 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 1/29/15. (LSP)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Nazreth Derboghossian, Petitioner, 10 11 ORDER v. 12 No. CV-14-01289-PHX-GMS Charles DeRosa, 13 Respondent. 14 15 Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus and 16 United States Magistrate Judge Mark E. Aspey’s Report and Recommendation (“R&R”). 17 Docs. 1, 21. The R&R recommends that the Court deny and dismiss the Petition with 18 prejudice. Doc. 21 at 7. The Magistrate Judge advised the parties that they had fourteen 19 days to file objections to the R&R and that failure to file timely objections could be 20 considered a waiver of the right to obtain review of the R&R. Id. at 7 (citing Fed. R. Civ. 21 P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)). 22 The parties did not file objections, which relieves the Court of its obligation to 23 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 24 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 25 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 26 determine de novo any part of the magistrate judge’s disposition that has been properly 27 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 28 taken. The Court will accept the R&R and deny and dismiss the Petition with prejudice. 1 See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in 2 whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. 3 P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended 4 disposition; receive further evidence; or return the matter to the magistrate judge with 5 instructions.”). 6 IT IS ORDERED: 7 1. Magistrate Judge Aspey’s R&R (Doc. 21) is accepted. 8 2. Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is denied and 9 dismissed with prejudice. 10 3. The Clerk of Court shall terminate this action. 11 4. Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate 12 13 of appealability is required. Dated this 29th day of January, 2015. 14 15 16 Honorable G. Murray Snow United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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