Singh v. Secretary of the Department of Homeland Security et al
Filing
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ORDER - Magistrate Judge Duncan's R&R (Doc. 13 ) is ACCEPTED, and Petitioner's petition is DISMISSED. Signed by Judge Douglas L Rayes on 8/29/16. (DXD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Manvinder Singh,
Petitioner,
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ORDER
v.
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No. CV-16-00756-PHX-DLR
Jeh Johnson, et al.,
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Respondents.
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Before the Court is the Report and Recommendation (“R&R”) of Magistrate Judge
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David Duncan, which recommends dismissing Petitioner’s Petition for Writ of Habeas
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Corpus without prejudice. (Doc. 13.) The Magistrate Judge advised the parties that they
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had fourteen days to file objections to the R&R and that failure to file timely objections
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could be considered a waiver of the right to obtain review of the R&R. (Id. at 2 (citing
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Fed. R. Civ. P. 72(b); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
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2003)).
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Neither party filed objections, which relieves the Court of its obligation to review
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the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985)
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(“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is not the
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subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must determine de
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novo any part of the magistrate judge’s disposition that has been properly objected to.”).
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The Court has nonetheless reviewed the R&R and agrees with Magistrate Judge
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Duncan’s recommendations. The Court will accept the R&R and deny the Petition
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without prejudice. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept,
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reject, or modify, in whole or in part, the findings or recommendations made by the
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magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify
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the recommended disposition; receive further evidence; or return the matter to the
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magistrate judge with instructions.”). Accordingly,
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IT IS ORDERED that Magistrate Judge Duncan’s R&R (Doc. 13) is
ACCEPTED, and Petitioner’s petition is DISMISSED.
Dated this 29th day of August, 2016.
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Douglas L. Rayes
United States District Judge
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