Abdulle v. Donahue

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATION. Magistrate Judge Fine's 10 Report and Recommendation is accepted; Petitioner's Petition for Writ of Habeas Corpus 1 is dismissed as being moot; the Clerk shall terminate this action and enter judgment accordingly; because this case arises under 28 U.S.C. § 2241, no ruling on a Certificate of Appealability is required. Signed by Judge G Murray Snow on 1/7/16. (REW)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Jabir Dahir Abdulle, No. CV-15-01491-PHX-GMS Petitioner, 10 11 v. 12 ORDER Michael Donahue, 13 Respondent. 14 15 16 Pending before the Court is the Petition for Writ of Habeas Corpus of Petitioner 17 Jabir Dahir Abdulle, filed pursuant to 28 U.S.C. § 2241 and Magistrate Judge Deborah 18 Fine’s Report and Recommendation (“R&R) (Docs. 1, 10). The R&R recommends that 19 the Court dismiss the Petition as being moot. Doc. 10 at 3. The Magistrate Judge 20 advised the parties that they had fourteen days to file objections to the R&R and that 21 failure to file timely objections could be considered a waiver of the right to obtain review 22 of the R&R. Id. at 3 (citing Fed. R. Civ. P. 72, 6(a), 6(b); United States v. Reyna-Tapia, 23 328 F.3d 1114, 1121 (9th Cir. 2003)). 24 The parties did not file objections, which relieves the Court of its obligation to 25 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 26 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 27 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 28 determine de novo any part of the magistrate judge’s disposition that has been properly 1 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 2 taken. The Court will accept the R&R and dismiss the Petition as being moot. See 28 3 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole 4 or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 5 72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition; 6 receive further evidence; or return the matter to the magistrate judge with instructions.”). 7 IT IS ORDERED: 8 1. Magistrate Judge Fine’s R&R (Doc. 10) is accepted. 9 2. Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is dismissed as 10 11 12 13 14 15 being moot. 3. The Clerk of Court shall terminate this action and enter judgment accordingly. 4. Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate of appealability is required. Dated this 7th day of January, 2016. 16 17 18 Honorable G. Murray Snow United States District Judge 19 20 21 22 23 24 25 26 27 28 -2-

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