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)

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-