Bashir v. Donahue

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS ORDERED that the R&R (Doc. 18 ) is accepted and adopted. The Petition is denied and dismissed without prejudice and the Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge James A Teilborg on 10/28/16. (KGM)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Tahiru Bashir,
Petitioner,

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ORDER

v.

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No. CV-16-01837-PHX-JAT

Michael Donahue, et al.,

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Respondents.

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Pending before this Court is Petitioner’s Petition for Writ of Habeas Corpus filed

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pursuant to 28 U.S.C. § 2241. The Magistrate Judge to whom this case was assigned

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issued a Report and Recommendation (“R&R”), recommending that the Petition be

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denied. (Doc. 18). Neither party has filed objections to the R&R.

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The Court hereby accepts the R&R. See Thomas v. Arn, 474 U.S. 140, 149 (1985)

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(finding that district courts are not required to conduct “any review at all . . . of any issue

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that is not the subject of an objection” (emphasis added)); United States v. Reyna-Tapia,

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328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“statute makes it clear that the district

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judge must review the magistrate judge’s findings and recommendations de novo if

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objection is made, but not otherwise” (emphasis in original)); see also Schmidt v.

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Johnstone, 263 F.Supp.2d 1219, 1226 (D. Ariz. 2003).

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Therefore,

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IT IS ORDERED that the R&R (Doc. 18) is accepted and adopted. The Petition

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is denied and dismissed without prejudice and the Clerk of the Court shall enter judgment

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accordingly.1
Dated this 28th day of October, 2016.

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No certificate of appealability is required. See Forde v. U.S. Parole Comm'n,
114 F.3d 878, 879 (9th Cir. 1997).
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