Hamadicko v. Carter et al

Filing 14

ORDER: The R&R (Doc. 13 ) is accepted. The petition for writ of habeas corpus (Doc. 1 ) is dismissed without prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 10/04/2016. (REK)

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    1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Mbonfal Hamadicko, Petitioner, 10 11 ORDER v. 12 No. CV15-2125 PHX DGC (ESW) Albert Carter, et al., Respondents. 13 14 15 Petitioner Mbonfal Hamadicko has filed a petition for writ of habeas corpus 16 pursuant to 28 U.S.C. § 2241. Doc. 1. United States Magistrate Eileen S. Willett has 17 issued a report and recommendation (“R&R”) recommending that the petition be 18 dismissed without prejudice. Doc. 13. No objection has been filed, which relieves the 19 Court of its obligation to review the R&R. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 20 72(b)(3); Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 21 F.3d 1114, 1121 (9th Cir. 2003). The Court will accept the R&R and deny the petition. 22 IT IS ORDERED: 23 1. The R&R (Doc. 13) is accepted. 24 2. The petition for writ of habeas corpus (Doc. 1) is dismissed without prejudice. 25 26 27 28 3. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied.     1 4. The Clerk is directed to terminate this action. 2 Dated this 4th day of October, 2016. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ‐ 2 ‐ 

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