Nino v. Lynch et al
Filing
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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)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Lorenzo Sanchez Nino,
Petitioner,
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ORDER
v.
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No. CV-15-01323-PHX-DLR
Loretta E. Lynch, et al.,
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Respondents.
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Before the Court are Petitioner Lorenzo Sanchez Nino’s Petition for Writ of
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Habeas Corpus and United States Magistrate Judge Michelle H. Burns’ Report and
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Recommendation (“R&R”). (Docs. 1, 12.) The R&R recommends that the Court dismiss
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the Petition as moot because Petitioner is no longer in custody and has not responded to
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court orders or otherwise prosecuted this matter. (Doc. 12 at 2.) The Magistrate Judge
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advised the parties that they had fourteen days to file objections to the R&R and that
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failure to file timely objections could be considered a waiver of the right to obtain review
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of the R&R. (Id. at 2-3 (citing Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d
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1114, 1121 (9th Cir. 2003)). Petitioner did not file objections, which relieves the Court
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of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn,
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474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . .
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of any issue that is not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The
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district judge must determine de novo any part of the magistrate judge’s disposition that
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has been properly objected to.”). The Court has nonetheless reviewed the R&R and finds
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that it is well-taken. The Court will accept the R&R and dismiss the Petition as moot.
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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.”).
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IT IS ORDERED that Magistrate Judge Burns’ R&R, (Doc. 12), is ACCEPTED.
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Petitioner’s Petition for Writ of Habeas Corpus, (Doc. 1), is DISMISSED as moot and
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without prejudice. The Clerk of the Court shall terminate this case.
Dated this 5th day of April, 2016.
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Douglas L. Rayes
United States District Judge
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