Adem v. Kane

Filing 13

ORDER ACCEPTING REPORT AND RECOMMENDATION 11 - Petitioner's Petition for a Writ of Habeas Corpus (Doc. 1 ) is dismissed without prejudice as moot. The Clerk of Court shall terminate this action. Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate of appealability is required. (See document for further details). Signed by Judge G Murray Snow on 1/16/15. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Abdifatah Adem,

No. CV-14-02472-PHX-GMS
Petitioner,

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v.

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ORDER

Katrina S. Kane,

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Respondent.

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Pending before the Court are Plaintiff’s Petition for Writ of Habeas Corpus and

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United States Magistrate Judge Michelle H. Burns’ Report and Recommendation

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(“R&R”). Docs. 1, 11. The R&R recommends that the Court dismiss the Petition

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without prejudice as moot. Doc. 11 at 2. The Magistrate Judge advised the parties that

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they had fourteen days to file objections to the R&R and that failure to file timely

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objections could be considered a waiver of the right to obtain review of the R&R. Id. at 2

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(28 U.S.C. § 636(b)(1); Rules 72, 6(a)), 6(b), Federal Rules of Civil Procedure; United

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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 accept the R&R and dismiss the Complaint without prejudice as

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

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modify, in whole or in part, the findings or recommendations made by the magistrate”);

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

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recommended disposition; receive further evidence; or return the matter to the magistrate

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judge with instructions.”).

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IT IS ORDERED:

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Magistrate Judge Burns’ R&R (Doc. 11) is accepted.

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2.

Petitioner’s Petition for a Writ of Habeas Corpus (Doc. 1) is dismissed

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without prejudice as moot.

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3.

The Clerk of Court shall terminate this action.

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4.

Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate

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of appealability is required.
Dated this 16th day of January, 2015.

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