Wakasiaka v. Lucero

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATION re: 12 Report and Recommendation. Petitioner's Petition for Writ of Habeas Corpus (Doc. 1 ) is DISMISSED as moot. The Clerk shall terminate this case. Signed by Judge Douglas L Rayes on 10/23/17. (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 William Wakasiaka, Petitioner, 10 11 ORDER v. 12 No. CV-17-01487-PHX-DLR Enrique M Lucero, 13 Respondent. 14 15 16 Before the Court are Petitioner William Wakasiaka’s Petition for Writ of Habeas 17 Corpus and United States Magistrate Judge David K. Duncan’s Report and 18 Recommendation (“R&R”). (Docs. 1, 12.) The R&R recommends that the Court dismiss 19 the Petition as moot. The Magistrate Judge advised the parties that they had fourteen 20 days to file objections to the R&R and that failure to file timely objections could be 21 considered a waiver of the right to obtain review of the R&R. See United States v. 22 Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003). 23 which relieves the Court of its obligation to review the R&R. See Reyna-Tapia, 328 F.3d 24 at 1121; Thomas v. Arn, 474 U.S. 140, 149 (1985) (“[Section 636(b)(1)] does not . . . 25 require any review at all . . . of any issue that is not the subject of an objection.”); Fed. R. 26 Civ. P. 72(b)(3) (“The district judge must determine de novo any part of the magistrate 27 judge’s disposition that has been properly objected to.”). The Court has nonetheless 28 reviewed the R&R and finds that it is well-taken. The Court will accept the R&R and Petitioner did not file objections, 1 dismiss the Petition as moot. See 28 U.S.C. § 636(b)(1) (stating that the district court 2 “may accept, reject, or modify, in whole or in part, the findings or recommendations 3 made by the magistrate”); Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, 4 or modify the recommended disposition; receive further evidence; or return the matter to 5 the magistrate judge with instructions.”). 6 IT IS ORDERED that Magistrate Judge Duncan’s R&R (Doc. 12) is 7 ACCEPTED. Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED 8 as moot. The Clerk of the Court shall terminate this case. 9 Dated this 23rd day of October, 2017. 10 11 12 13 14 Douglas L. Rayes United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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