Gomez-Lopez v. Lynch et al

Filing 22

ORDER ACCEPTING REPORT AND RECOMMENDATION 20 - Petitioner's Verified Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE. The Clerk of the Court shall terminate this case. (See document for further details). Signed by Judge Douglas L Rayes on 6/19/17. (LAD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Efrain Gomez-Lopez,
Petitioner,

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ORDER

v.

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No. CV-16-01647-PHX-DLR

Loretta E Lynch, et al.,

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Respondents.

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Before the Court is Petitioner Efrain Gomez-Lopez’s Verified Petition for Writ of

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Habeas Corpus and United States Magistrate Judge Eileen S. Willett’s Report and

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Recommendation (R&R). (Docs. 1, 20.) The R&R recommends that the Court dismiss

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the Verified Petition without prejudice. The Magistrate Judge advised the parties that

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they had fourteen days to file objections to the R&R and that failure to file timely

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objections could be considered a waiver of the right to obtain review of the R&R. (Doc.

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20 at 2 (citing Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th

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Cir. 2003)).

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Petitioner 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 Verified Petition. See 28 U.S.C. §

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636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in

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part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)

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(“The district judge may accept, reject, or modify the recommended disposition; receive

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further evidence; or return the matter to the magistrate judge with instructions.”).

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IT IS ORDERED that Magistrate Judge Willett’s R&R (Doc. 20) is

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ACCEPTED. Petitioner’s Verified Petition for Writ of Habeas Corpus is DISMISSED

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WITHOUT PREJUDICE. The Clerk of the Court shall terminate this case.

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Dated this 19th day of June, 2017.

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Douglas L. Rayes
United States District Judge

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