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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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jabir Dahir Abdulle,

No. CV-15-01491-PHX-GMS
Petitioner,

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v.

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ORDER

Michael Donahue,

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Respondent.

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Pending before the Court is the Petition for Writ of Habeas Corpus of Petitioner

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Jabir Dahir Abdulle, filed pursuant to 28 U.S.C. § 2241 and Magistrate Judge Deborah

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Fine’s Report and Recommendation (“R&R) (Docs. 1, 10). The R&R recommends that

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the Court dismiss the Petition as being moot. Doc. 10 at 3. 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 3 (citing Fed. R. Civ. P. 72, 6(a), 6(b); United States v. Reyna-Tapia,

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328 F.3d 1114, 1121 (9th Cir. 2003)).

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The parties did not file objections, which relieves the Court of its obligation to

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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149

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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is

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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must

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determine de novo any part of the magistrate judge’s disposition that has been properly

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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-

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taken. The Court will accept the R&R and dismiss the Petition as being moot. See 28

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U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole

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or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P.

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72(b)(3) (“The district judge may accept, reject, or modify the recommended disposition;

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receive further evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED:

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Magistrate Judge Fine’s R&R (Doc. 10) is accepted.

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2.

Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is dismissed as

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being moot.
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The Clerk of Court shall terminate this action and enter judgment

accordingly.
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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.

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Honorable G. Murray Snow
United States District Judge

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