Khaimov v. Lucero et al

Filing 16

ORDER - Magistrate Judge Willett's 14 R&R is ACCEPTED. Petitioner's 1 Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall TERMINATE this action. 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 5/25/2018. (ATD)

1
2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

Lyudvig Khaimov,
Petitioner,

10
11

ORDER

v.

12

No. CV-17-02249-PHX-GMS

Enrique M Lucero, et al.,

13

Respondents.

14
15

Pending before the Court are Petitioner’s Petition for Writ of Habeas Corpus (Doc.

16

1) and United States Magistrate Judge Eileen S. Willett’s Report and Recommendation

17

(“R&R”), which recommends dismissal of the Petition. (Doc. 14.)

18

recommends that the Court dismiss the Petition without prejudice. (Doc. 14 at 2.) The

19

Magistrate Judge advised the parties that they had fourteen days to file objections to the

20

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

21

obtain review of the R&R. Id. at 2-3 (citing 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72;

22

United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)).

The R&R

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 will accept the R&R and dismiss the Petition without

1

prejudice. See 28 U.S.C. § 636(b)(1) (stating that the district court “may accept, reject, or

2

modify, in whole or in part, the findings or recommendations made by the magistrate”);

3

Fed. R. Civ. P. 72(b)(3) (“The district judge may accept, reject, or modify the

4

recommended disposition; receive further evidence; or return the matter to the magistrate

5

judge with instructions.”).

6

IT IS ORDERED:

7

1.

Magistrate Judge Willett’s R&R (Doc. 14) is ACCEPTED.

8

2.

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

9

WITHOUT PREJUDICE.

10

3.

The Clerk of Court shall TERMINATE this action.

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 25th day of May, 2018.

14
15
16

Honorable G. Murray Snow
United States District Judge

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

-2-