Gomez-Lopez v. Lynch et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Loretta E Lynch, et al.,
Before the Court is Petitioner Efrain Gomez-Lopez’s Verified Petition for Writ of
Habeas Corpus and United States Magistrate Judge Eileen S. Willett’s Report and
Recommendation (R&R). (Docs. 1, 20.) The R&R recommends that the Court dismiss
the Verified Petition without prejudice. The Magistrate Judge advised the parties that
they had fourteen days to file objections to the R&R and that failure to file timely
objections could be considered a waiver of the right to obtain review of the R&R. (Doc.
20 at 2 (citing Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th
Petitioner did not file objections, which relieves the Court of its obligation to
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
determine de novo any part of the magistrate judge’s disposition that has been properly
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
taken. The Court will accept the R&R and dismiss the Verified Petition. See 28 U.S.C. §
636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in
part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)
(“The district judge may accept, reject, or modify the recommended disposition; receive
further evidence; or return the matter to the magistrate judge with instructions.”).
IT IS ORDERED that Magistrate Judge Willett’s R&R (Doc. 20) is
ACCEPTED. Petitioner’s Verified Petition for Writ of Habeas Corpus is DISMISSED
WITHOUT PREJUDICE. The Clerk of the Court shall terminate this case.
Dated this 19th day of June, 2017.
Douglas L. Rayes
United States District Judge
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