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)
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-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?