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