Singh v. Kane et al

Filing 26

ORDER that Magistrate Judge Bade's 22 Report and Recommendation is accepted and adopted by the Court. The reference to the Magistrate Judge is withdrawn as to Petitioner's 17 Motion to Dismiss and the motion is granted. The 1 Petition for Writ of Habeas Corpus is dismissed and the Clerk of Court shall terminate this action. Signed by Judge Steven P Logan on 1/6/2015. (LFIG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Arjan Singh,

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Petitioner,
vs.

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Katrina S. Kane, et al.,
Respondents.

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No. CV-14-01354-PHX-SPL (BSB)
ORDER

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Before the Court is Petitioner Arjan Singh’s unopposed Motion to Dismiss (Doc.

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17) his Petition Under 28 U.S.C. § 2241 for a Writ of Habeas Corpus by a Person in

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Federal Custody (Doc. 1).

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The Honorable Bridget S. Bade, United States Magistrate Judge, issued a Report

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and Recommendation (“R&R”) (Doc. 22), recommending that the motion to dismiss be

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granted. Judge Bade advised the parties that they had fourteen (14) days to file objections

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to the R&R and that failure to file timely objections could be considered a waiver of the

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right to obtain review of the R&R. (Doc. 13 at 9-10) (citing 28 U.S.C. § 636(b)(1); Fed.

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R. Civ. P. 6, 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will adopt the R&R, grant the motion, and thereby dismiss the petition.

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See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in

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whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ.

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P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended

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disposition; receive further evidence; or return the matter to the magistrate judge with

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instructions.”). Accordingly,

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IT IS ORDERED:

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1. That Magistrate Judge Bade’s Report and Recommendation (Doc. 22) is

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accepted and adopted by the Court;
2. That the reference to the Magistrate Judge is withdrawn as to Petitioner’s
Motion to Dismiss (Doc. 17) and the motion is granted;

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3. That the Petition for Writ of Habeas Corpus (Doc. 1) is dismissed; and

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4. That the Clerk of Court shall terminate this action.

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Dated this 6th day of January, 2015.

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Honorable Steven P. Logan
United States District Judge

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