Nino v. Lynch et al
ORDER - that Magistrate Judge Burns' R&R, (Doc. 12 ), is ACCEPTED. Petitioner's Petition for Writ of Habeas Corpus, (Doc. 1 ), is DISMISSED as moot and without prejudice. The Clerk of the Court shall terminate this case. Signed by Judge Douglas L Rayes on 4/5/2016. (KMG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Lorenzo Sanchez Nino,
Loretta E. Lynch, et al.,
Before the Court are Petitioner Lorenzo Sanchez Nino’s Petition for Writ of
Habeas Corpus and United States Magistrate Judge Michelle H. Burns’ Report and
Recommendation (“R&R”). (Docs. 1, 12.) The R&R recommends that the Court dismiss
the Petition as moot because Petitioner is no longer in custody and has not responded to
court orders or otherwise prosecuted this matter. (Doc. 12 at 2.) The Magistrate Judge
advised the parties that they had fourteen days to file objections to the R&R and that
failure to file timely objections could be considered a waiver of the right to obtain review
of the R&R. (Id. at 2-3 (citing Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d
1114, 1121 (9th Cir. 2003)). Petitioner did not file objections, which relieves the Court
of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn,
474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . .
of any issue that is not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The
district judge must determine de novo any part of the magistrate judge’s disposition that
has been properly objected to.”). The Court has nonetheless reviewed the R&R and finds
that it is well-taken. The Court will accept the R&R and dismiss the Petition as moot.
See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ.
P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended
disposition; receive further evidence; or return the matter to the magistrate judge with
IT IS ORDERED that Magistrate Judge Burns’ R&R, (Doc. 12), is ACCEPTED.
Petitioner’s Petition for Writ of Habeas Corpus, (Doc. 1), is DISMISSED as moot and
without prejudice. The Clerk of the Court shall terminate this case.
Dated this 5th day of April, 2016.
Douglas L. Rayes
United States District Judge
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