Nino v. Lynch et al

Filing 15

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Lorenzo Sanchez Nino, Petitioner, 10 11 ORDER v. 12 No. CV-15-01323-PHX-DLR Loretta E. Lynch, et al., 13 Respondents. 14 15 16 Before the Court are Petitioner Lorenzo Sanchez Nino’s Petition for Writ of 17 Habeas Corpus and United States Magistrate Judge Michelle H. Burns’ Report and 18 Recommendation (“R&R”). (Docs. 1, 12.) The R&R recommends that the Court dismiss 19 the Petition as moot because Petitioner is no longer in custody and has not responded to 20 court orders or otherwise prosecuted this matter. (Doc. 12 at 2.) The Magistrate Judge 21 advised the parties that they had fourteen days to file objections to the R&R and that 22 failure to file timely objections could be considered a waiver of the right to obtain review 23 of the R&R. (Id. at 2-3 (citing Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d 24 1114, 1121 (9th Cir. 2003)). Petitioner did not file objections, which relieves the Court 25 of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 26 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . 27 of any issue that is not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The 28 district judge must determine de novo any part of the magistrate judge’s disposition that 1 has been properly objected to.”). The Court has nonetheless reviewed the R&R and finds 2 that it is well-taken. The Court will accept the R&R and dismiss the Petition as moot. 3 See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in 4 whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. 5 P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended 6 disposition; receive further evidence; or return the matter to the magistrate judge with 7 instructions.”). 8 IT IS ORDERED that Magistrate Judge Burns’ R&R, (Doc. 12), is ACCEPTED. 9 Petitioner’s Petition for Writ of Habeas Corpus, (Doc. 1), is DISMISSED as moot and 10 11 without prejudice. The Clerk of the Court shall terminate this case. Dated this 5th day of April, 2016. 12 13 14 15 16 Douglas L. Rayes United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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