Tchassama v. Gurule

Filing 17

ORDER - Magistrate Judge Willett's 15 R&R is accepted. The 1 Petition is dismissed without prejudice. 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 02/17/2017. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Abdou-Rachidou Tchassama,
Petitioner,

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ORDER

v.

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No. CV-16-01205-PHX-GMS

Jon Gurule,

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Respondent.

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Pending before the Court is Petitioner’s Writ of Habeas Corpus and United States

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Magistrate Judge Eileen S. Willett’s Report and Recommendation (“R&R”). Docs. 1, 15.

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The R&R recommends that the Court dismiss without prejudice. Doc. 15 at 2. The

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Magistrate Judge advised the parties that they had fourteen days to file objections to the

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R&R and that failure to file timely objections could be considered a waiver of the right to

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obtain review of the R&R. Id. at 2-3 (citing Fed. R. Civ. P. 6, 72; United States v. Reyna-

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Tapia, 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 without prejudice. 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 HEREBY ORDERED:

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1.

Magistrate Judge Willett’s R&R (Doc. 15) is accepted.

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2.

The Petition (Doc. 1) is dismissed without prejudice.

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3.

Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate

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of appealability is required.
Dated this 17th day of February, 2017.

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Honorable G. Murray Snow
United States District Judge

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