Altayar v. Lynch et al
Filing
19
ORDER ADOPTING REPORT AND RECOMMENDATION accepting 18 Report and Recommendation. The Petition for Writ of Habeas Corpus (Doc. 1 ) is denied. The Motion for Preliminary Injunction (Doc. 4 ) is denied. 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 12/20/16. (DXD)
1
2
3
4
5
6
IN THE UNITED STATES DISTRICT COURT
7
FOR THE DISTRICT OF ARIZONA
8
9
Mohammed Mostafa Altayar,
Petitioner,
10
11
ORDER
v.
12
No. CV-16-02479-PHX-GMS
Loretta E Lynch, et al.,
13
Respondents.
14
15
Pending before the Court is Petitioner’s Petition for Writ of Habeas Corpus and
16
United States Magistrate Judge John Z. Boyle’s Report and Recommendation (“R&R”).
17
Docs. 1, 18. The R&R recommends that the Court deny the Petition and dismiss this
18
action with prejudice. Doc. 18 at 10. The Magistrate Judge advised the parties that they
19
had fourteen days to file objections to the R&R and that failure to file timely objections
20
could be considered a waiver of the right to obtain review of the R&R. Id. at 11 (citing
21
Fed. R. Civ. P. 6(a), 6(b) and 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th
22
Cir. 2003)).
23
The parties did not file objections, which relieves the Court of its obligation to
24
review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
25
(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
26
not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
27
determine de novo any part of the magistrate judge’s disposition that has been properly
28
objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
1
taken. The Court will accept the R&R and deny the Petition and dismiss with prejudice.
2
See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or modify, in
3
whole or in part, the findings or recommendations made by the magistrate”); Fed. R. Civ.
4
P. 72(b)(3) (“The district judge may accept, reject, or modify the recommended
5
disposition; receive further evidence; or return the matter to the magistrate judge with
6
instructions.”).
7
IT IS ORDERED:
8
1.
Magistrate Judge Boyle’s R&R (Doc. 18) is accepted.
9
2.
The Petition for Writ of Habeas Corpus (Doc. 1) is denied.
10
3.
The Motion for Preliminary Injunction (Doc. 4) is denied.
11
4.
Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate
12
13
of appealability is required.
Dated this 20th day of December, 2016.
14
15
16
Honorable G. Murray Snow
United States District Judge
17
18
19
20
21
22
23
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?