Halid v. DeRosa

Filing 18

ORDER ADOPTING REPORT AND RECOMMENDATION. The 15 Report and Recommendation is accepted; the petition for writ of habeas corpus 1 is dismissed without prejudice; a Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied; the Clerk is directed to terminate this action. Signed by Judge David G Campbell on 3/10/15. (REW)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

No. CV14-2330 PHX DGC (JFM)

Jalalideen Halid,
Petitioner,

10
11

v.

12

ORDER

C. DeRosa,
Respondent.

13
14
15

Petitioner Jalalideen Halid has filed a petition for writ of habeas corpus pursuant

16

to 28 U.S.C. § 2241. Doc. 1. United States Magistrate James F. Metcalf has issued a

17

report and recommendation (“R&R”) recommending that the petition be dismissed

18

without prejudice for failure to prosecute. Doc. 15. No objection has been filed, which

19

relieves the Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed.

20

R. Civ. P. 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-

21

Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and dismiss

22

the petition without prejudice.

23

IT IS ORDERED:

24

1.

The R&R (Doc. 15) is accepted.

25

2.

The petition for writ of habeas corpus (Doc. 1) is dismissed without

26
27
28

prejudice.
3.

A certificate of appealability and leave to proceed in forma pauperis on

appeal are denied

1

4.

The Clerk is directed to terminate this action.

2

Dated this 10th day of March, 2015.

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
‐ 2 ‐