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)

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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-

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