Dajani v. Carter et al

Filing 14

ORDER - Magistrate Judge Willett's R&R (Doc. 12 ) is ACCEPTED, and Petitioner's petition is DISMISSED WITHOUT PREJUDICE. Signed by Judge Douglas L Rayes on 8/29/16. (DXD)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Subhi Mohammed Dajani, Petitioner, 10 11 ORDER v. 12 No. CV-15-02578-PHX-DLR Albert Carter, et al., 13 Respondents. 14 15 16 Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge 17 Eileen Willett, which recommends dismissing Petitioner’s Petition for Writ of Habeas 18 Corpus without prejudice. (Doc. 12.) The Magistrate Judge advised the parties that they 19 had fourteen days to file objections to the R&R and that failure to file timely objections 20 could be considered a waiver of the right to obtain review of the R&R. (Id. at 2 (citing 21 Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 22 2003)). 23 Neither party filed objections, which relieves the Court of its obligation to review 24 the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) 25 (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the 26 subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de 27 novo any part of the magistrate judge’s disposition that has been properly objected to.”). 28 The Court has nonetheless reviewed the R&R and agrees with Magistrate Judge Willett’s 1 recommendations. 2 prejudice. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or 3 modify, in whole or in part, the findings or recommendations made by the magistrate”); 4 Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify the 5 recommended disposition; receive further evidence; or return the matter to the magistrate 6 judge with instructions.”). Accordingly, 7 8 9 The Court will accept the R&R and deny the Petition without IT IS ORDERED that Magistrate Judge Willett’s R&R (Doc. 12) is ACCEPTED, and Petitioner’s petition is DISMISSED WITHOUT PREJUDICE. Dated this 29th day of August, 2016. 10 11 12 13 14 Douglas L. Rayes United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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