Muktar v. Gurule

Filing 16

ORDER ADOPTING 15 Magistrate Judge Fine's Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is DENIED. The Clerk shall TERMINATE this action and enter judgment. 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 6/2/17. (LSP)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Mohammed Muktar,
Petitioner,

10
11

ORDER

v.

12

No. CV-16-04028-PHX-GMS

Jon Gurule,

13

Respondent.

14
15
16

Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus and

17

United States Magistrate Judge Deborah M. Fine’s Report and Recommendation

18

(“R&R”). Docs. 1, 15. The R&R recommends that the Court deny the Petition. Doc. 15

19

at 9. The Magistrate Judge advised the parties that they had fourteen (14) days to file

20

objections to the R&R and that failure to file timely objections could be considered a

21

waiver of the right to obtain review of the R&R. Id. at 9 (citing Fed. R. Civ. P. 72;

22

United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th 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. See 28 U.S.C. § 636(b)(1)

2

(stating that the district court “may accept, reject, or modify, in whole or in part, the

3

findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The

4

district judge may accept, reject, or modify the recommended disposition; receive further

5

evidence; or return the matter to the magistrate judge with instructions.”).

6

IT IS ORDERED:

7

1.

Magistrate Judge Fine’s R&R (Doc. 15) is ACCEPTED.

8

2.

Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DENIED.

9

3.

The Clerk of Court shall TERMINATE this action and enter judgment

10
11
12
13

accordingly.
4.

Because this case arises under 28 U.S.C. § 2241, no ruling on a certificate

of appealability is required.
Dated this 2nd day of June, 2017.

14
15
16

Honorable G. Murray Snow
United States District Judge

17
18
19
20
21
22
23
24
25
26
27
28

-2-