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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Efrain Gomez-Lopez, Petitioner, 10 11 ORDER v. 12 No. CV-16-01647-PHX-DLR Loretta E Lynch, et al., 13 Respondents. 14 15 16 Before the Court is Petitioner Efrain Gomez-Lopez’s Verified Petition for Writ of 17 Habeas Corpus and United States Magistrate Judge Eileen S. Willett’s Report and 18 Recommendation (R&R). (Docs. 1, 20.) The R&R recommends that the Court dismiss 19 the Verified Petition without prejudice. The Magistrate Judge advised the parties that 20 they had fourteen days to file objections to the R&R and that failure to file timely 21 objections could be considered a waiver of the right to obtain review of the R&R. (Doc. 22 20 at 2 (citing Fed. R. Civ. P. 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 23 Cir. 2003)). 24 Petitioner did not file objections, which relieves the Court of its obligation to 25 review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149 26 (1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is 27 not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must 28 determine de novo any part of the magistrate judge’s disposition that has been properly 1 objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well- 2 taken. The Court will accept the R&R and dismiss the Verified Petition. See 28 U.S.C. § 3 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in 4 part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) 5 (“The district judge may accept, reject, or modify the recommended disposition; receive 6 further evidence; or return the matter to the magistrate judge with instructions.”). 7 IT IS ORDERED that Magistrate Judge Willett’s R&R (Doc. 20) is 8 ACCEPTED. Petitioner’s Verified Petition for Writ of Habeas Corpus is DISMISSED 9 WITHOUT PREJUDICE. The Clerk of the Court shall terminate this case. 10 Dated this 19th day of June, 2017. 11 12 13 14 15 Douglas L. Rayes United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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